fP  O'* 


THE  NORTH  CAROLINA  COLLECTION 


UNCPS  55514 


THE 


PUBLIC  SCHOOL  LAW 

OF 

NORTH  CAROLINA 


CODIFICATION  OF  1923 


Published  by  the 

State  Superintendent  of  Public  Instruction 
Raleigh,  N.  C. 


Digitized  by  the  Internet  Archive 
in  2019  with  funding  from 
University  of  North  Carolina  at  Chapel  Hill 


https://archive.org/details/publicschoollawo00nort_0 


CONTENTS 


INTRODUCTION 

CONSTITUTIONAL  BASIS  OF  THE  PUBLIC  SCHOOL  SYSTEM 

Page 


1.  The  people  have  the  right  to  the  privilege  of  education.. . 1 

2.  Education  shall  forever  be  encouraged _  1 

3.  A  general  and  uniform  system  required _  1 

4.  Commissioners  required  to  maintain  at  least  a  six  months  term _  1 

5.  General  Assembly  shall  not  create  a  school  district _  1 

6.  The  State  Public  School  Fund . . . . .  1 

7.  The  County  School  Fund _  2 

8.  School  attendance  may  be  compulsory _  2 

9.  The  government  of  the  University _ .■ _ * _ _ _  2 

10.  Special  departments  in  the  University _  2 

11.  The  benefits  of  the  University . 2 

12.  The  State  Board  of  Education. . . . 2 

13.  Duties  of  the  Board _ _ 3 


CHAPTER  I. 

PART  I 


Art.  1.  Interpretations 

Sec. 


1.  A  general  and  uniform  system  of  public  schools . 5 

2.  The  school  system  defined _  6 

3.  The  term  district  defined - 6 

4.  Schools  classified  and  defined - 

5.  Officials  defined . . . . . - . . . - . - .  7 

6.  School  day  and  month  defined . . . . . . . . . - .  7 

7.  Part-time  classes  defined _  7 

8.  A  standard  high  school  defined - - 7 

9.  Public  school  funds  defined. . 7 


PART  II 

DUTIES,  POWERS  AND  RESPONSIBILITIES  OF  COUNTY  BOARDS  OF  EDUCATION 

Art.  2.  The  Board:  Its  Corporate  Powers 


10.  How  constituted - 

11.  Term  of  office - - - 

12.  How  nominated  and  elected . . . 

13.  County  board  of  elections  to  provide  for  nominations 

14.  Members  to  qualify. .. . 

15.  Vacancies  in  nominations . . 

16.  Vacancies  in  office . - . . 

17.  Eligibility  for  the  office . . . . . - . 

18.  Organization  of  the  board - - - 

19.  The  board  a  body  corporate . 

20.  Compensation  of  members . . 

21.  Removal  for  cause - - - - - - 

22.  Meetings  of  the  board . 

23.  Powers;  suits  and  actions . . . 

24.  Power  to  subpoena  and  to  punish  for  contempt - 

25.  Witness  failing  to  testify,  misdemeanor . 

26.  Appeals  to  board  from  county  officers. . 

27.  Superior  court  to  review  board’s  action . . 


8 

8 

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9 

9 

9 

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10 
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Hi 

10 
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11 
11 
11 
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Art.  3.  The  Direction  and  Supervision  of  the  School  System 


28.  To  provide  for  all  the  children  of  the  county - 

29.  General  powers . 

30.  General  control..  . . - - ----- 

31.  Determine  the  method  of  conducting  the  schools 


l  v  ] 


VI 


Public  School  Law  of  Korth  Carolina 


Sec. 

32. 

33. 

34. 

35. 

36. 

37. 

38. 

39. 

40. 

41. 

42. 


Fix  time  for  opening  and  closing  the  schools - 

Determine  length  of  the  school  day - - - - 

Duty  to  enforce  the  compulsory  school  law - - - 

The  classification  of  schools - 

The  location  of  high  schools - 

Number  of  teachers  permitted  in  each  elementary  school . . 

Number  of  teachers  permitted  in  each  high  school . . 

Subjects  taught  in  the  elementary  schools - - - 

Kindergartens  may  be  established - - - - — 

County  training  schools - --- 

Board  shall  provide  schools  for  the  Indians  in  certain  counties 


Page 

.  12 
.  12 
.  12 
.  13 

.  13 

.  13 

_  13 

.  14 

.  14 

.  14 

.  15 


Art.  4.  School  Officials  Selected  by  or  Responsible  to  the  Board  of  Education 


43.  Election  of  the  county  superintendent - - - - - - - .  15 

44.  Limitations  of  the  board  in  selecting  a  county  superintendent . 15 

45.  Provide  an  office  and  assistance  for  the  superintendent - 16 

46.  To  remove  county  superintendent  for  cause, - - - - - - ---- - —  - -  16 

47.  To  prescribe  the  duties  of  the  county  superintendent  not  in  conflict  with  the  law  and  the 

Constitution _ v — - - - - -  16 

48.  To  elect  committeemen  of  school  districts - - - - -  16 

49.  To  remove  committeemen  for  cause - 17 

50.  To  advise  with  the  committee  in  regard  to  the  needs  of  the  district - - 17 

51.  Supervisors  or  assistant  county  superintendent - 17 

52.  Section  52  (obsolete) _ 17 

53.  Duty  of  county  board  to  teachers,  supervisors  and  principals, . 17 

54.  To  provide  for  the  training  of  teachers - - . - 7 . .  18 

55.  The  pay  of  teachers - 18 

56.  Authority  to  borrow - 18 

57.  A  salary  schedule  for  teachers - - — . .  19 

58.  How  school  funds  shall  be  disbursed - - - - - . . . . .  19 


Art.  5.  Erection,  Repair  and  Equipment  of  School  Buildings 


59.  School  buildings  necessary - - - - - - - -  19 

60.  The  erection  of  schoolhouses _ 20 

61.  How  to  secure  suitable  sites . 20 

62.  May  sell  school  property. - - 21 

63.  Deeds  to  property - 21 

64.  Board  cannot  erect  or  repair  a  building  unless  site  is  owned  by  the  board. _ _  21 

65.  Duty  of  board  to  keep  buildings  in  repair . 21 

66.  The  duty  of  board  of  education  to  provide  equipment  for  school  buildings . 21 

67.  State  aid  for  school  libraries  (see  sections  345-346). . . 21 

68.  Sanitary  school  privies - 21 

69.  Type  of  privies  to  be  installed . . . . .  22 

70.  Privies  to  be  kept  sanitary _ 22 

71.  Use  of  school  property - 22 

72.  Provide  good  water  supply . . . .  22 


Art.  6.  Creating  and  Consolidating  School  Districts 


73.  School  districts - 22 

73a.  County-wide  plan  of  organization - 23 

74.  Districts  formed  of  portions  of  contiguous  counties _ 24 

75.  Consolidation  of  schools  or  school  districts _  24 

76.  Consolidating  local  tax  districts  having  the  same  rate  of  local  tax _  24 

77.  Consolidating  districts  having  different  local  tax  rates _ _ 25 

78.  Transferring  families  from  non-local  tax  to  local  tax  or  special-charter  districts . 25 

79.  Changing  the  boundary  lines  of  the  special-charter  districts .  25 

80.  The  funds  shall  be  apportioned  so  as  to  encourage  consolidation... _ _  25 

81.  Provision  for  transportation  of  pupils  in  consolidated  districts . 26 

82.  School  trucks  and  automobiles  exempt  from  taxation _ 26 


PART  III 

* 

COUNTY  SUPERINTENDENT— POWER,  DUTIES  AND  RESPONSIBILITIES 
Art.  7.  Election,  Eligibility  and  General  Duties 


83.  Election;  term  of  office . 26 

84.  Eligibility - - - - - — . . . .  26 

85.  Election  reported  to  State  Superintendent . .  27 

86.  Not  to  teach  to  reside  in  the  county . 27 

87.  To  take  oath  of  office . 27 

88.  Vacancies . - . . .  27 

89.  Is  secretary  to  county  board .  27 

90.  Removal  from  office . 27 


Contents 


vn 


Page 


91.  Keep  a  record  of  all  deeds _ 27 

92.  Superintendent’s  power  to  condemn  land  for  suitable  sites _ _ _ _ ”  28 

93.  Report  on  condition  of  school  buildings. _ 28 

94.  Attends  meetings  of  State  and  district  associations  of  superintendents _ _ 28 

95.  Make  reports  to  State  Superintendent _  28 

96.  Appoint  certain  school  committees  (see  section  232) _ 28 


Art.  8.  Duty  op  County  Superintendent  Toward  Committeemen,  Teachers 

and  Principals 


97.  To  notify  committeemen  of  their  duties _  28 

98.  Distributes  blanks  and  books _ 28 

99.  To  issue  second  and  third  grade  county  certificates _  29 

100.  Keep  a  record  of  all  teachers _  29 

101.  Approve  the  selection  of  all  teachers _ _ 29 

102.  Approve  the  dismissal  of  teacher _  29 

103.  Administer  oaths  to  teachers _  29 

104.  Advise  with  teachers,  principals  and  supervisors _  29 

105.  Must  visit  schools _ 29 

106.  Hold  teachers’  meetings _  30 

107.  May  suspend  teachers _  30 

108.  Duty  of  teachers  to  cooperate  (see  section  165) _ 30 

109.  Director  of  summer  schools _ _ 30 

110.  Illegal  to  keep  in  service  a  teacher  without  a  certificate _  30 

111.  Contracts  with  teachers _  30 

112.  How  teachers  shall  be  paid _  31 

113.  When  a  superintendent  may  withhold  the  pay  of  teachers _ _ 31 

114.  Schools  receiving  public  funds  required  to  report _  31 

115.  Recommend  classification  of  schools  (see  section  35) _ .. _  31 

116.  To  recommend  the  location  of  all  high  schools  (  see  section  36) _ 31 

117.  To  report  defective  children.  _ _ 31 


Art.  9.  Duty  of  County  Superintendent  in  Regard  to  School  Funds 


118.  Duty  in  preparing  school  budgets _ _ 32 

119.  Duty  to  keep  complete  record  of  finances _ 32 

120.  Record  of  local  taxes _  32 

121.  Record  of  fines,  forfeitures  and  penalties _  33 

122.  Disbursement  of  funds - 33 


PART  IV 

SCHOOL  COMMITTEES— THEIR  DUTIES  AND  POWERS 
Art.  10.  In  Non-Local  Tax  Districts 


* 


123.  Number  and  term  of  office - - - - - 

124.  When  elected - - - 

125.  Eligibility - - - 

126.  Oath  of  office - 

127.  Dismissal  for  cause - - - 

128.  Committeemen  cannot  teach - - - - - 

129.  Organization  of  committee - 

130.  How  to  employ  teachers - - - - - - 

131.  When  teachers  may  be  suspended - - - 

132.  Minimum  term  for  which  a  teacher  can  be  paid - 

133.  How  teachers  shall  be  paid - - - 

134.  Use  of  school  property  (see  section  71) - - - 

135.  Power  to  contract  with  private  schools - - - - - - - 

136.  Powers  as  to  school  property. - - - - 

137.  Powers  as  to  purchase  of  supplies - - - - - 

138.  Reports  to  board  on  schoolhouses  and  school  property - - - - 

139.  Superintendent  and  committee  keep  records  of  receipts,  expenditures  and  contracts 

140.  Disbursements  of  district  funds - - - - - - - 

141.  To  care  for  the  sanitation  of  the  school  grounds - 

142.  To  provide  good  water  supply - - - - - - - - 

143.  To  obey  orders  of  sanitary  committee  or  board  of  health - - - 


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34 
34 
34 
34 
34 

34 

35 
35 
35 
35 
35 

35 

36 
36 
36 
36 

36 

37 


Art.  11.  Duties  and  Powers  of  Committeemen  in  Local  Tax  Districts. 


144.  How  elected - - - — . - - - 

145.  Number  of  committeemen  in  local  tax  districts - - - - 

146.  Joint  employment  of  superintendent  or  principal  by  districts  in  cities  and  towns. . 

147.  Money  derived  from  local  taxes - 

148.  Duty  of  sheriff  or  tax  collector. . . . - V'oViY 

149.  Credits  on  tuition  to  non-residents  whose  children  attend  m  district  (see  section  _4l) 

150*.  How  special  tax  funds  are  paid  out - - - — . 

151.  How  to  enlarge  local  tax  districts  (see  section  226).. .  . . . 

152.  How  to  determine  the  rate  of  local  tax  to  be  levied  in  a  district - 

153.  Committee  may  provide  for  the  transportation  of  pupils . - . 


37 

37 

37 

37 

38 
38 
38 
38 
38 
38 


viii  Public  School  Law  of  North  Carolina 

Sec.  Page 

154.  Rent,  loan  or  sell  school  books  (see  sections  340,  341,  342) _ _ _ _ _ —  39 

155.  Supply  books  for  indigent  children  (see  section  343) _ _ _ _ -  39 

156.  Loans  to  districts  for  building  schoolhouses _ _ _  39 

157.  How  a  special  charter  district  may  become  a  local  tax  district _ _ — - -  39 


PART  V 

TEACHERS  AND  PRINCIPALS 
Art.  12.  Their  Powers,  Duties  and  Responsibilities. 

158.  Required  to  hold  certificates _ 40 

159.  Health  certificate  required  for  teachers _ 40 

160.  How  to  apply  for  a  position _  40 

161.  When  a  teacher  may  annul  a  contract _ 40 

162.  How  teachers  are  selected _  41 

163.  How  teachers  may  be  dismissed _  41 

164.  The  salaries  of  teachers _ _ - - -  41 

165.  Duties  of  teachers _ _ —  41 

166.  Power  to  suspend  or  dismiss  pupils - 42 

167.  Duty  to  make  reports  to  superintendent.. _ 42 

168.  The  care  of  the  school  building _  42 

169.  No  teacher  can  serve  as  committeeman,  member  of  county  board,  or  county 

superintendent _ _ _ _ _  42 

170.  Teachers  to  make  physical  examination  of  children _ 42 

171.  Principal  of  a  union  school . .' _ _ _ _ _  43 


PART  VI 

REVENUE  FOR  THE  PUBLIC  SCHOOLS 
Art.  13.  How  to  Estimate  Amount  Necessary  for  Six  Months  Term. 

172.  Duty  of  county  board  and  county  commissioners _ 43 

173.  The  equalizing  fund _  43 

174.  The  May  budget _ 44 

175.  The  contents  of  the  May  budget _ 44 

176.  How  to  estimate  the  salary  fund _  45 

177.  How  to  estimate  the  salary  fund  for  the  special-charter  or  city  schools _  46 

178.  How  to  determine  the  amount  of  the  operating  and  equipment  fund.  _ _ 47 

179.  A  fund  for  the  repayment  of  bonds,  notes  and  loans _ _ 47 

180.  The  May  budget  completed . 47 

181.  The  November  budget _  48 


Art.  14.  Powers,  Duties  and  Responsibilities  of  the  Board  of  County  Commis¬ 
sioners  in  Providing  Funds  for  Six  Months  Term 

182.  Duty  to  provide  funds  for  six  months  term .  _ _ 48 

183.  Commissioners  required  to  raise  full  amount _ 48 

184.  What  the  commissioners  may  require  of  county  board  of  education . 49 

185.  Where  commissioners  have  no  discretion _ 49 

186.  Require  county  board  to  publish  May  budget _ _ 49 

187.  Procedure  in  case  of  disagreement  or  refusal  of  county  commissioners  to  levy  school  taxes  50 

188.  Commissioners  may  demand  jury  trial _ 50 

189.  Commissioners  authorized  to  borrow  money . 51 

190.  Commissioners  to  require  fines,  forfeitures  and  penalties  paid  to  treasurer . 51 

191.  Commissioners  to  estimate  what  per  cent  the  school  fund  is  of  the  total  county  fund _  51 

192.  Commissioners  require  sheriff  to  settle _  51 


Art.  15.  The  Treasurer:  His  Powers,  Duties  and  Responsibilities  in  Disbursing 

School  Funds. 

193.  Treasurer  shall  disburse  funds _ _ 52 

194.  Treasurer  shall  keep  special  charter  district  and  county  school  funds  separate _  52 

195.  Action  against  treasurer  to  recover  funds _  .  53 

196.  Treasurer  to  keep  separate  record  of  local  taxes  received  (see  section  147) . 53 

197.  How  school  funds  shall  be  disbursed . 53 

198.  County  board  required  to  have  accounts  of  treasurer  audited. .  53 

199.  Treasurer  to  give  bond . 54 

200.  Action  on  treasurer’s  bond . 55 

201.  Annual  report  to  State  Superintendent . . 55 

202.  Report  to  county  board . 55 

203.  Exhibit  books,  vouchers  and  money  to  county  board _  55 

204.  Duties  on  expiration  of  term . 55 

205.  Treasurers  of  school  fund  failing  to  report,  a  misdemeanor. . . . 56 

206.  Treasurer  of  special-charter  districts  bonded .  56 

207.  Section  20  (obsolete) . . . 56 

208.  Speculating  in  claims  against  towns,  cities  and  the  State . 56 


Contents 


ix 


Art.  16.  Fines,  Forfeitures  and  Penalties 

Sec.  Page 

209.  Constitutional  provisions _ _ _ _ _ 

210.  Statement  of  fines  kept  by  clerk _ 56 

211.  Fines  paid  to  treasurer  for  schools;  annual  report _  57 

212.  Failure  to  file  report  of  fines _  57 

213.  Fines  and  penalties  to  be  paid  to  school  fund _  57 

214.  Misappropriation  of  taxes  a  misdemeanor _ 57 

215.  Unclaimed  fees  of  jurors  and  witnesses  paid  to  school  fund _ _ _ _  57 

216.  Use  by  public  until  claimed _  57 

217.  Sheriff’s  liability,  civil  and  criminal,  for  failure  to  settle  school  tax  (see  section  192) _  57 

218.  Authority  to  use  fines,  forfeitures,  penalties  and  dog  tax  to  increase  school  term _  58 


PART  VII 

LOCAL  TAX  ELECTIONS  FOR  SCHOOLS 
Art.  17.  School  Districts  Authorized  to  Vote  Local  Taxes 


219.  How  elections  may  be  called _ _ 58 

220.  The  board  to  consider  petition _  58 

221.  Rules  governing  election  for  local  taxes _  58 

222.  Levy  and  collection  of  taxes _  59 

223.  Increasing  levy  in  districts  having  less  than  fifty-cent  rate _  59 

224.  Validating  rates  heretofore  voted _  60 

225.  Frequency  of  election _ _ _  60 

226.  Enlargement  of  local-tax  or  special-charter  districts _  60 

227.  Abolition  of  district  upon  election _ _ -  60 

228.  Local  tax  district  in  debt  may  not  be  abolished _ _ —  60 

229.  Election  for  abolition  not  oftener  than  once  a  year _ 60 

230.  Enlarging  boundaries  of  district  within  incorporated  town - 61 

231.  Transfer  of  persons  living  contiguous  to  local-tax  or  special-charter  districts 

(see  section  78) _  61 

232.  Local  tax  districts  from  portions  of  contiguous  counties -  61 

233.  District  already  created  out  of  portion  of  two  or  more  counties - - -  62 


Art.  18.  Special  School  Taxing  Districts. 


234.  School  taxing  districts  created _ _ _ _  62 

235.  Boundary  lines - - - - -  62 

236.  Petition  for  an  election _ _ .• - - - - -  63 

237.  The  election _ _ _ — . .  63 

238.  Special  school  taxing  districts - -  —  - - - -  63 


239.  Organization  of  the  schools  in  special  school  taxing  districts 


Art.  19.  Legal  Attendance  of  Pupils  in  Local  Tax  or  Special  Charter  Districts 


240.  Children  residing  in  a  school  district  shall  have  the  advantage  of  the  public  school 

241.  Credits  on  tuition  to  non-residents  wdiose  children  attend  in  district - 


Art.  20.  Special  County  Tax  in  Which  Part  of  Local  Taxes  May  Be  Retained 

242.  Election  upon  petition  of  county  board  of  education - - - 

243.  Rules  governing  election - - 

244.  Maximum  tax  levy - _ - 

245.  The  rate  in  local-tax  or  special-charter  districts - - - 

246.  Subsequent  elections  upon  failure  of  first - - - - - 

247.  Payment  of  election  expenses - 

Art.  21.  (Obsolete) 

248.  (Obsolete) _ _ _ 

249.  (Obsolete) - - - 

250.  (Obsolete) - - - - - 

251.  (Obsolete) - - 

252.  (Obsolete) - - - - - 

253.  (Obsolete) - - - 

254.  (Obsolete) - - - 

255.  (Obsolete) - 

256.  (Obsolete) - - - - - - . 


64 

64 

64 

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65 
65 


65 

65 

65 

65 

65 

65 

65 

65 

65 


PART  VIII 

BONDS  AND  LOANS  FOR  BUILDING  SCHOOLHOUSES 


Art.  22.  Authority  to  Issue  Bonds  in  Any  County,  School  District  or  Special 

Taxing  District 

257.  Elections;  how  called - - - - 

258.  Bonds;  how  issued - - 

259.  Bonds;  how  sold. - - - 

260.  Proceeds  of  bonds - - - - - - - 


x  Public  School  Law  of  North  Carolina 


Sec.  Page 

261.  Taxes  for  interest  and  principal _ _ _ _  67 

262.  Frequency  of  elections _ _ — . .  67 

263.  Bonds  in  special-charter  districts _ _ - . .  67 

264.  Limit  of  bonds _ 68 

265.  Bonds  authorized  by  other  acts _ 68 


Art.  23.  County  Commissioners  Directed  to  Fund  School  Indebtedness. 

266.  Indebtedness  for  necessary  expenses _  68 

267.  Bonds;  how  issued _  68 

268.  Commissioners  required  to  levy  taxes _ 69 

269.  Determining  validity  of  bonds _ ■ _ _ _ _  69 

270.  Loans _ 69 

271.  (Obsolete) _ 70 

272.  (Obsolete) _ 70 


Art.  24.  Loans  From  State  Literary  Fund 

273.  Made  by  State  Board  from  State  Literary  Fund _  70 

274.  Terms  of  loans _ 70 

275.  How  secured  and  paid _ 70 

276.  Loans  by  county  boards  to  school  districts _ 71 

277.  Appropriation  from  loan  fund  for  free  plans  and  inspection  of  school  buildings -  71 


Art.  25.  Loans  From  Special  Building  Fund. 

278.  The  special  building  fund _ _ _  71 

279.  How  loans  shall  be  repaid _ 72 

280.  To  be  provided  for  in  May  budget _ 72 

281.  The  State  Board  of  Education  shall  approve  all  applications  and  provide  funds -  73 

282.  Treasurer  to  sell  bonds _ ... _ _ _  74 

283.  Exempt  from  taxation _ _ _  74 

284.  County  board  may  make  loan  to  districts _ 75 


PART  IX 

VOCATIONAL  EDUCATION 

Art.  26.  Duties,  Powers  and  Responsibilities  of  State  Board  for  Vocational 

Education 

285.  Acceptance  of  benefits  of  federal  vocational  education  act _ 75 

286.  State  Board  for  Vocational  Education  created _ 75 

287.  Powers  and  duties  of  board _ 76 

288.  State  Superintendent  to  enforce  article _ _ . _ _ _  76 

289.  State  appropriation  equal  to  federal  appropriation _ 76 

290.  State  Treasurer  authorized  to  receive  and  disburse  vocational  education  fund . 77 

291.  Cooperation  of  county  authorities  with  State  board;  funds . .  77 

292.  Report  to  Governor _ 77 


Art.  27.  County  Farm-Life  Schools 

293.  Establishment  of  school  in  county _ 77 

294.  Aim  of  school  and  course  of  study _ 77 

295.  Board  of  trustees;  appointment;  terms;  vacancies _ 78 

296.  Qualification  and  organization  of  board _ 78 

297.  Location  of  school _ _ _ _ _  78 

298.  Buildings;  farm;  maintenance _ 78 

299.  Election  in  county;  to  establish  schools _ _ _ _ _  79 

300.  Issuance  of  bonds . . . . . . __ .  79 

301.  Township  election  to  secure  location _ 80 

302.  Township  bonds  to  secure  location _ 80 

303.  Election  by  contiguous  townships  to  secure  location _ 81 

304.  Election  in  townships  to  establish  on  failure  of  county  election _ 81 

305.  Provisions  for  township  school  becoming  county  farm-life  school _ 82 

306.  High  school  department  in  connection  with  county  farm-life  school-. .  82 

307.  Agricultural  and  farm-life  extension  and  demonstration _ 83 

308.  Short  courses  for  adults - 83 

309.  Admission  of  students  from  other  counties _ 83 

310.  Treasurer  of  county  farm-life  school;  compensation _ 83 

311.  Incorporation  and  powers _ 83 

312.  Appropriation  of  State  funds;  number  of  schools _ 84 

313.  County  board  may  supplement  funds _ 84 

Art.  28.  Farm-Life  Schools  Operating  Under  Special  Acts 

314.  All  high  schools  having  departments  of  agriculture  and  home  economics 


84 


Contents 


xi 


Art.  29.  Vocational  Rehabilitation  of  Persons  Disabled  in  Industry  or 

Otherwise 

Sec.  Page 

315.  Acceptance  of  federal  aid _  85 

316.  State  Board  for  Vocational  Education  shall  have  all  necessary  authority  to  cooperate _  85 

317.  State  appropriation  from  State  Public  School  Fund... . . . . . . . .  85 

•  318.  The  State  Board  of  Health _ _ _ _ _ _ _  85 

319.  State  appropriation _ _ 86 


PART  X 

TEXT-BOOKS  AND  PUBLIC  LIBRARIES 
Art.  30.  Text-Books  for  Elementary  Grades 


320.  State  Board  of  Education  adopts _ 86 

321.  Books  adopted  for  an  indefinite  period _  86 

322.  Classification  of  text-books _ _ 87 

323.  Basal  and  supplementary  books _ . _ _ _  87 

324.  Adoption  of  supplementary  books _ 87 

325.  The  text-book  commission _ _ _ : _  87 

326.  Organization  of  commission _  87 

327.  Compensation  of  commission _ 88 

328.  Duties  of  commission _ 88 

329.  State  Board  of  Education  makes  all  contracts _ 89 

330.  Not  more  than  one  major  subject  to  be  changed  in  any  one  year _ 89 

331.  Publishers  to  register  all  agents  or  employees . 89 

332.  Contracts  now  in  force  not  affected _  89 


Art.  31.  Text-Books  for  High  Schools 


333.  County  boards  of  education  adopt _ 89 

334.  State  committee  on  high  school  text-books;  duties;  reports  to  State  Superintendent -  89 

335.  State  Board  of  Education  approves  the  list _  90 

336.  County  committee  to  recommend  books _ _ _ _ -  90 

337.  Text-books  adopted  for  five  years;  exceptions _ _ 90 

338.  State  Board  of  Education  to  make  contracts _ 91 

339.  Students  removing  from  county  may  sell  books;  resale _ 91 

Art.  32.  Furnishing  Text-Books 

340.  Free  text-books _ 91 

341.  Rental  of  text-books - - 92 

342.  County  and  local  boards  to  make  rules;  to  use  incidental  expense  fund - 92 

343.  Books  for  indigent  children _ _ ------ . — . - .  93 

344.  State  Superintendent  to  inform  local  school  authorities . 93 


Art.  33.  Public  Libraries 

345.  Rules  and  regulations  governing  their  establishment . 

346.  Aid  in  establishing  local  libraries — . . . . 


PART  XI 

COMPULSORY  ATTENDANCE  IN  SCHOOLS 
Art.  34.  General  Compulsory  Attendance  Law 

347.  Parent  or  guardian  required  to  keep  child  in  school;  exceptions - 

348.  State  Board  of  Education  to  make  rules  and  regulations;  method  of  enforcement 

349.  Attendance  officers;  reports;  prosecutions - - — . . 

350.  Violation  of  law;  penalty - - - - - - - - - 

351.  Investigation  and  prosecution  by  county  superintendent  and  attendance  officer. . 

352.  Investigation  as  to  indigency  of  child - - - - - 

353.  Aid  to  indigent  child . . . . . . . - . . . 

Art.  35.  Compulsory  Attendance  of  Deaf  and  Blind  Children 

354.  Deaf  and  blind  children  to  attend  school;  age  limits;  minimum  attendance . 

355.  Parents,  etc.,  failing  to  send  to  school  guilty  of  misdemeanor;  provisos . . 

356.  Parents,  etc.,  failing  to  send;  guilty  of  misdemeanor;  provisos. . . 

357.  To  report  defective  children . . . 


94 

94 

94 

95 
95 
95 
95 


96 

96 

96 

97 


PART  XII. 

THE  STATE  BOARD  OF  EDUCATION  TO  LICENSE  CERTAIN  INSTITUTIONS 
Art.  36.  State  Board  of  Education  to  Regulate  Degrees 

358.  Right  to  confer  degrees  restricted - - — - - - - 

359.  Empowered  to  grant  license  to  confer  degrees - - - - - - - 

360.  Inspection  of  institution;  revocation  of  license . . . . 


xii  Public  School  Law  of  North  Carolina 


Art.  37.  License  Commercial  Schools 

Sec.  Page 

361.  Licenses  for  commercial  schools _ 98 

362.  Report  to  be  filed  before  license _  98 

363.  Advertising  literature  to  be  filed _  98 

364.  Conducting  school  without  license,  misdemeanor _  98 

365.  Blanks  for  reports  and  licenses;  disposition  of  license  tax _ _ 98 

366.  Application  of  article _  99 

PART  XIII 

OBSERVANCE  OF  SPECIAL  DAYS 
Art.  38.  Special  Days  to  be  Observed  in  Public  Schools 

367.  North  Carolina  Day _  99 

368.  Temperance  or  Law  and  Order  Day _  99 

369.  Arbor  Day _ _ _ 99 

370.  Other  days _  100 

371.  Combined  programs _  100 

Art.  39 

372.  Desecration  of  State  and  national  flag . . . 100 

PART  XIV 

PROVISIONS  AS  TO  REPEAL  OF  LAWS  CONFLICTING  WITH  THIS  ACT 
Art.  40.  Former  Public  School  Laws  Repealed 

373.  All  of  Chapter  95  of  Consolidated  Statutes _ 101 

374.  Specific  chapters  repealed _ 101 

375.  Specific  sections  of  certain  chapters  repealed _ 101 

376.  Article  1  of  chapter  123  Consolidated  Statutes . 101 

377.  If  any  section  of  this  act  be  held  invalid _ 101 

378.  All  laws  and  clauses  of  laws _ 101 

379.  This  act  in  effect  April  15th,  1923 _ 101 


INTRODUCTION 


CONSTITUTIONAL  BASIS  OB  TIIE  PUBLIC 

SCHOOL  SYSTEM 

1.  The  people  liave  tlie  right  to  the  privilege  of  education.  The  people 
have  the  right  to  the  privilege  of  education,  and  it  is  the  duty  of  the  State 
to  guard  and  maintain  that  right. 

Bill  of  Rights;  Art.  I,  s.  27. 

2.  Education  shall  forever  be  encouraged.  Religion,  morality,  and 
knowledge  being  necessary  to  good  government  and  the  happiness  of  man¬ 
kind,  schools  and  the  means  of  education  shall  forever  be  encouraged. 

Const.,  Art.  IX,  s.  1. 

3.  A  general  and  uniform  school  system  required.  The  General  As¬ 
sembly,  at  its  first  session  under  this  Constitution,  shall  provide  by  taxa¬ 
tion  and  otherwise  for  a  general  and  uniform  system  of  public  schools, 
wherein  tuition  shall  be  free  of  charge  to  all  the  children  of  the  State  be¬ 
tween  the  ages  of  six  and  twenty-one  years.  And  the  children  of  the  white 
race  and  the  children  of  the  colored  race  shall  be  taught  in  separate  public 
schools;  but  there  shall  be  no  discrimination  in  favor  of  or  to  the  preju¬ 
dice  of  either  race. 

Const.,  Art.  IX,  s.  2. 

4.  Commissioners  required  to  maintain  at  least  a  six  months  term.  Each 
county  of  the  State  shall  be  divided  into  a  convenient  number  of  districts, 
in  which  one  or  more  public  schools  shall  be  maintained  at  least  six  months 
in  every  year;  and  if  the  commissioners  of  any  county  shall  fail  to  com¬ 
ply  with  the  aforesaid  requirements  of  this  section  they  shall  be  liable  to 

indictment. 

Const.,  Art.  IX.  s.  3. 

5.  General  Assembly  shall  not  create  a  School  District.  The  General 
Assembly  shall  not  pass  any  local,  private,  or  special  act  or  resolution: 
“Erecting  new  townships,  or  changing  township  lines,  or  establishing  or 
changing  the  lines  of  school  dstricts.” 

Const.,  Art.  XI,  s.  29. 

6.  The  State  Public  School  Fund.  The  proceeds  of  all  lands  that  have 
been  or  hereafter  may  be  granted  by  the  United  States  to  this  State  and 
not  otherwise  appropriated  by  this  State  or  the.  United  States,  also  all 
money,  stocks,  bonds  and  other  property  now  belonging  to  any  State 
fund  for  purposes  of  education,  also  the  net  proceeds  of  all  sales  of  th* 
swamp  lands  belonging  to  the  State,  and  all  other  grants,  gifts  or  devises 
that  have  been  or  hereafter  may  be  made  to  the  State  and  not  otherwise 
appropriated  by  the  State  or  by  the  terms  of  the  grant,  gift  or  devise, 
shall  be  paid  into  the  State  Treasury,  and,  together  with  so  much  of  the 
ordinary  revenue  of  the  State  as  may  be  by  law  set  apart  for  that  pur- 

lil 


2 


Public  School  Law  of  North  Carolina 


pose,  shall  be  faithfully  appropriated  for  establishing  and  maintaining  in 
this  State  a  system  of  free  public  schools,  and  for  no  other  uses  or  purposes 
whatsoever. 

Const.,  Art.  IX,  s.  4. 

7.  Tlie  County  School  Lund.  All  moneys,  stocks,  bonds,  and  other  prop¬ 
erty  belonging  to  a  county  school  fund,  also  the  net  proceeds  from  the  sale 
of  estrays,  also  the  clear  proceeds  of  all  penalties  and  forfeitures  and  of  all 
fines  collected  in  the  several  counties  for  any  breach  of  the  penal  or 
military  laws  of  the  State,  and  all  moneys  which  shall  be  paid  by  persons 
as  an  equivalent  for  exemption  from  military  duty  shall  belong  to  and 
remain  in  the  several  counties  and  shall  be  faithfully  appropriated  for 
establishing  and  maintaining  free  public  schools  in  the  several  counties  inv 
this  State:  Provided,  that  the  amount  collected  in  each  county  shall  be 
annually  reported  to  the  Superintendent  of  Public  Instruction. 

Const.,  Art.  IX,  s.  5. 

8.  School  attendance  may  be  compulsory.  The  General  Assembly  is 
hereby  empowered  to  enact  that  every  child  of  sufficient  mental  and  physi¬ 
cal  ability  shall  attend  the  public  schools  during  the  period  between  the 
ages  of  six  and  eighteen  years  for  a  term  of  not  less  than  sixteen  months, 
unless  educated  by  other  means. 

Const.,  Art.  IX,  s.  15. 

9.  The  government  of  the  University.  The  General  Assembly  shall  have 
power  to  provide  for  the  election  of  trustees  of  the  University  of  North 
Carolina,  in  whom,  when  chosen,  shall  be  vested  all  the  privileges,  rights, 
franchises  and  endowments  thereof  in  any  wise  granted  to  or  conferred 
upon  the  trustees  of  said  University  •  and  the  General  Assembly  may  make 
such  provisions,  laws  and  regulations  from  time  to  time  as  may  be 
necessary  and  expedient  for  the  maintenance  and  management  of  said 
University. 

Const.,  Art.  IX,  s.  6. 

10.  Special  departments  in  the  University.  As  soon  as  practicable 
after  the  adoption  of  this  Constitution  the  General  Assembly  shall  estab¬ 
lish  and  maintain  in  connection  with  the  University  a  department  of 

agriculture,  of  mechanics,  of  mining  and  of  normal  instruction. 

Const.,  Art.  IX,  s.  14. 

11.  The  benefits  of  the  University.  The  General  Assembly  shall  pro¬ 
vide  that  the  benefits  of  the  University,  as  far  as  practicable,  be  ex¬ 
tended  to  the  youth  of  the  State  free  of  expense  for  tuition;  also  that  all 
the  property  which  has  heretofore  accrued  to  the  State  or  shall  here¬ 
after  accrue  from  escheats,  unclaimed  dividends  or  distributive  shares 
of  the  estates  of  deceased  persons  shall  be  appropriated  to  the  use  of 
the  University. 

Const.,  Art.  IX,  s.  7. 

12.  The  State  Board  of  Education.  The  Governor,  Lieutenant-Governor, 
Secretary  of  State,  Treasurer,  Auditor,  Superintendent  of  Public  In¬ 
struction,  and  Attorney-General  shall  constitute  a  State  Board  of  Edu¬ 
cation.  The  Governor  shall  be  president  and  the  Superintendent  of  Public 
Instruction  shall  be  secretary  of  the  Board  of  Education. 

Const.,  Art.  IX,  ss.  8,  9. 


Constitutional  Basis  of  School  Law 


3 


13.  Duties  of  the  Board.  The  Board  of  Education  shall  succeed  to 
all  the  powers  and  trusts  of  the  president  and  directors  of  the  literary- 
fund  of  North  Carolina,  and  shall  have  full  power  to  legislate  and  make 
all  needful  rules  and  regulations  in  relation  to  free  public  schools  and  the 
educational  fund  of  the  State;  but  all  acts,  rules  and  regulations  of  said 
board  may  be  altered,  amended,  or  repealed  by  the  General  Assembly 
and  when  so  altered,  amended  or  repealed  they  shall  not  be  re¬ 
enacted  by  the  board.  The  first  session  of  the  Board  of  Education  shall 
be  held  at  the  capital  of  the  State  within  fifteen  days  after  the  organi¬ 
zation  of  the  State  Government  under  this  Constitution;  the  time  of 
future  meetings  may  be  determined  by  the  board.  A  majority  of  the 
board  shall  constitute  a  quorum  for  the  transaction  of  business.  The 
contingent  expenses  of  the  board  shall  be  provided  by  the  General 
Assembly. 

Const.,  Art.  IX,  ss.  10,  11,  12,  13. 


CHAPTER  I 


AN  ACT  TO  AMEND  THE  CONSOLIDATED  STATUTES  AND 
TO  CODIFY  THE  LAWS  RELATING  TO 

PUBLIC  SCHOOLS 

% 

Whereas  the  acts  of  the  General  Assembly  relating  to  public  educa¬ 
tion  are  for  the  purpose  of  aiding  all  the  people  and  especially  school 
officials  in  maintaining  and  conducting  a  system  of  public  schools  and 
in  providing  revenue  for  the  same;  and 

Whereas  a  great  need  is  apparent  for  collecting  all  the  laws  relating 
to  public  education  and  codifying  them  in  such  a  way  as  to  set  forth 
as  clearly  as  possible  the  legal  duties,  powers,  and  responsibilities  of 
the  several  school  officials  in  order  to  give  them  and  all  other  friends 
of  public  education  a  clearer  conception  of  their  duties  in  maintaining 
and  conducting  public  schools  in  accordance  with  the  needs  of  the 
people  and  the  provisions  of  the  Constitution:  Now,  therefore 

The  General  Assembly  of  North  Carolina  do  enact: 

9 

PART  I 

Art.  1.  Interpretations 

Section  1.  A  general  and  uniform  system  of  schools.  A  general  and 
uniform  system  of  public  schools  shall  be  provided  throughout  the  State 
wherein  tuition  shall  be  free  of  charge  to  all  children  of  the  State  be¬ 
tween  the  ages  of  six  and  twenty-one  years.  The  length  of  term  of  each 
school  shall  be  not  less  than  six  months  or  120  days,  and  every  man  or 
woman  twenty-one  years  of  age  or  over  who  has  not  completed  a  standard 
high  school  course  of  study  or  who  desires  to  study  the  vocational  subjects 
taught  in  said  school,  shall  be  given  equal  privileges  with  every  other 
student  in  school. 

The  children  of  the  white  race  and  the  children  of  the  colored  race  shall 
be  taught  in  separate  public  schools,  but  there  shall  be  no  discrimination 
in  favor  of  or  to  the  prejudice  of  either  race.  All  white  children  shall  be 
taught  in  the  public  schools  provided  for  the  white  race,  and  all  colored 
children  shall  be  taught  in  the  public  schools  provided  for  the  colored 
race;  but  no  child  with  negro  blood,  or  what  is  generally  known  as  Croatan 
Indian  blood,  in  his  veins,  shall  attend  a  school  for  the  white  race,  and 
no  such  child  shall  be  considered  a  white  child.  The  descendants  of  the 
Croatan  Indians,  now  living  in  Robeson,  Sampson,  and  Richmond  counties, 
shall  have  separate  schools  for  their  children. 

C.  S.,  5538. 

When  the  school  officials  are  providing  schools  for  one  race  it  shall  be  a 
misdemeanor  for  the  officials  to  fail  to  provide  schools  for  the  other  races, 


[51 


6 


Public  School  Law  of  North  Carolina 


and  it  shall  be  illegal  to  levy  taxes  on  the  property  and  polls  of  one  race 
for  schools  in  a  district  without  levying  it  on  all  property  and  polls  of  all 
races  within  said  district. 

Sec.  2.  The  school  system  defined.  The  school  system  of  each  county 
shall  consist  of  eleven  years  or  grades,  and  shall  be  graded  on  the  basis  of 
a  school  year  of  not  less  than  160  days.  The  first  seven  years  or  grades 
shall  be  styled  the  elementary  school,  and  the  last  four  years  or  grades 
shall  be  styled  the  high  school:  Provided,  the  system  for  convenience  in 
administration  may  be  divided  into  three  parts,  the  elementary  school  con¬ 
sisting  of  the  first  five  or  six  grades  and  a  junior  and  a  senior  high  school 
embracing  the  last  six  or  five  grades,  if  better  educational  advantages  may 
be  supplied. 

Sec.  3.  The  term  “district”  defined.  The  term  “district”  as  used  in  law  is 
hereby  defined  to  mean  any  convenient  territorial  division  or  subdivision 
of  a  county,  created  for  the  purpose  of  maintaining  within  its  boundaries 
one  or  more  pubic  schools.  It  may  include  an  incorporated  town  or  city, 
or  a  township,  or  a  part  of  a  township.  There  shall  be  five  different  types 
or  kinds  of  districts:  (1)  The  non-local  tax  district,  that  is,  one  territorial 
unit  of  the  county  system  under  the  control  of  the  county  board  of  edu¬ 
cation,  but  having  no  special  local  tax  funds  for  supplementing  the  general 
county  funds;  (2)  The  local  tax  district,  that  is,  one  territorial  unit  of 
the  county  system  under  the  control  of  the  county  board  of  education, 
but  having  in  addition  to  the  general  county  funds  a  special  local  tax 
fund,  voted  by  the  people,  for  supplementing  the  general  county 
fund;  (3)  The  special  charter  district,  that  is,  a  district  chartered 
by  the  General  Assembly,  the  control  of  which  is  placed  in  the  hands  of 
a  board  of  trustees  or  school  commissioners  whose  duties  are  defined  by 
the  General  Assembly,  or  a  territorial  unit  whose  boundary  lines  may  be 
coterminous  with  the  boundary  lines  of  an  incorporated  town  or  city,  but 
without  a  special  charter,  the  city  charter  having  authorized  the  city 
to  maintain  a  system  of  schools,  and  the  government  of  the  schools  having 
been  delegated  to  a  special  board;  (4)  Special  school  taxing  district,  that 
is,  a  territorial  division  of  a  county  embracing  more  than  one  school  dis¬ 
trict,  in  which  special  taxes  for  schools  may  be  voted;  and  (5)  Special 
high  school  district,  that  is,  a  special  district  embracing  two  or  more 
school  districts  and  created  for  the  purpose  of  giving  high  school  ad¬ 
vantages  to  the  children  completing  the  elementary  schools  in  the  several 
districts  which  compose  the  special  high  school  district. 

Sec.  4.  Schools  classified  and  defined.  The  different  types  of  public 
schools  are  classified  and  defined  as  follows:  (1)  A  city  school  system,  that 
is,  a  system  maintained  for  180  days  and  employing  not  less  than  thirty 
teachers  and  one  whole-time  superintendent.  It  shall  contain  a  school  sys¬ 
tem  of  eleven  years,  including  a  standard  four-year  high  school,  employing 
not  less  than  five  teachers;  (2)  A  union  school,  that  is,  a  system  maintained 
for  at  least  160  days,  and  embracing  an  elementary  school  of  seven  grades, 
and  a  high  school  department  containing  not  less  than  twenty  pupils  in 
average  daily  attendance*  and  (3)  An  elementary  school,  that  is,  a  district 


Interpretations 


7 


school  that  embraces  a  part  or  all  of  the  seven  elementary  grades,  but 
without  sufficient  high  school  pupils  or  length  of  term  to  become  a  union 
school. 

Sec.  5.  Officials  defined.  The  governing  hoard  of  the  county  school  sys¬ 
tem  shall  be  styled  “The  County  Board  of  Education.”  The  governing  board 
of  a  local-tax  district  and  also  of  a  non-local-tax  district  shall  be  styled 
“The  District  Committee.”  The  name,  “The  Board  of  Trustees,”  as  it 
appears  in  law,  refers  to  all  other  governing  bodies  of  special  charter  dis¬ 
tricts.  And  wherever  any  other  name  is  used  in  a  statute  to  designate  the 
governing  body  of  a  special  charter  district,  the  name,  “The  Board  of 
Trustees,”  is  hereby  declared  to  be  its  equivalent. 

The  executive  officer  of  a  county  system  elected  by  the  county  board 
of  education,  the  executive  officer  of  a  city  school  system  elected  by  a 
board  of  trustees,  and  the  executive  officer  of  a  union  school  in  a  special 
charter  district  employing  as  many  as  twenty  teachers,  shall  be  styled, 
“Superintendent.”  The  executive  head  of  all  other  union  schools  and  of  all 
elementary  schools  having  four  or  more  teachers  shall  be  styled,  “Prin¬ 
cipal.” 

Sec.  6.  School  day  and  school  month  defined.  A  school  day  is  defined  to 
mean  the  number  of  hours  each  day  the  public  schools  are  conducted  and 
the  time  teachers  are  employed  to  instruct  pupils  or  to  supervise  their 
activities.  A  school  month  shall  consist  of  not  less  than  twenty  school 
days. 

Sec.  7.  Part-time  classes  defined.  The  term  “Part-time  classes”  is  de¬ 
fined  to  mean  the  period  provided  for  those  pupils  who  may  be  able 
to  attend  school  for  only  one  or  more  recitations  or  exercises  daily. 

Sec.  8.  A  standard  high  school  defined.  A  standard  high  school  is  de¬ 
fined  as  a  high  school  that  presents  the  following  minimum  requirements: 
A  school  term  of  not  less  than  160  days,  four  years  or  grades  of  work  beyond 
the  seventh  elementary  grade,  three  teachers  holding  required  certificates’, 
not  less  than  forty-five  pupils  in  average  daily  attendance,  a  program  of 
studies  approved  by  the  State  Superintendent  of  Public  Instruction,  and 
such  equipment  as  may  be  deemed  necessary  by  the  State  Superintendent 
of  Public  Instruction  to  make  the  instruction  beneficial  to  pupils. 

Sec.  9.  Public  school  funds  defined.  All  revenues  of  the  State  for  the 
maintenance  and  support  of  the  public  school  system  of  the  State  shall  be 
divided  into  three  funds  as  follows: 

(a)  The  State  Literary  Fund — or  all  funds  of  the  State  heretofore 
derived  from  the  sources  enumerated  in  section  four,  Article  IX  of  the 
State  Constitution,  and  all  funds  that  may  be  hereafter  so  derived,  to¬ 
gether  with  any  interest  that  may  accrue  thereon,  shall  be  a  fund  separate 
and  distinct  from  the  other  funds  of  the  State,  to  be  known  as  the  State 
Literary  Fund,  and  shall  be  loaned  by  the  State  Board  of  Education  to 
county  boards  of  education,  in  accordance  with  law,  for  the  purpose  of 
aiding  in  the  erection  and  equipment  of  schoolhouses. 

(b)  The  Special  Building  Fund — or  all  funds  derived  from  the  sale  of 
State  bonds  authorized  by  the  General  Assembly  to  be  sold  and  loaned 


8 


Public  School  Law  of  North  Carolina 


by  the  State  Board  of  Education  to  county  boards  of  education  for  the 
special  purpose  of  aiding  in  the  erection  and  equipment  of  schoolhouses, 
and  designated  by  the  General  Assembly  as  a  Special  Building  Fund. 

(c)  The  State  Public  School  Fund — or  all  other  State  funds  derived 
from  all  other  sources  in  accordance  with  law,  and  deposited  in  the  State 
Treasury  for  the  support  and  maintenance  of  the  public  school  system 
and  all  forfeitures,  fines  and  penalties  imposed  by  the  State  Board  of 
Education  for  the  failure  of  any  company  or  corporation  to  keep  any 
contract  entered  into  between  the  State  Board  of  Education  and  said 
company. 


PART  II 

DUTIES,  POWERS  AND  RESPONSIBILITIES  OF  COUNTY 

BOARDS  OF  EDUCATION 

Art.  2.  The  Board:  Its  Corporate  Powers 

Sec.  10.  How  constituted.  The  county  board  of  education  in  each  county 
shall  consist  either  of  three  members  or  of  five  members. 

Sec.  11.  Term  of  office.  The  term  of  office  shall  be  for  two  years,  except 
as  may  be  otherwise  provided  in  the  act  appointing  members  of  the 
boards  of  education  by  the  General  Assembly. 

Sec.  12.  How  nominated  and  elected.  In  all  the  counties  of  the  State 
there  shall  be  nominated  in  the  year  one  thousand  nine  hundred  and  twenty- 
four,  and  biennially  thereafter,  at  the  party  primaries  or  conventions,  at 
the  same  time  and  in  the  same  manner  as  that  in  which  other  county 
officers  are  nominated,  a  candidate  or  candidates,  by  each  political  party 
of  the  State,  for  member  or  members  of  the  county  board  of  education 
to  take  the  place  of  the  member  of  members  of  said  board  whose  term  next 
expires.  The  names  of  the  persons  so  nominated  in  such  counties  shall  be 
duly  certified  by  the  chairman  of  the  county  board  of  elections  within  ten 

days  after  their  nomination  is  declared  by  said  county  board  of  elections, 

to  the  Superintendent  of  Public  Instruction,  who  shall  transmit  the  names 
of  all  persons  so  nominated,  together  with  the  name  of  the  political  party 
nominating  them,  to  the  chairman  of  the  committee  on  education  in  the 
next  session  of  the  General  Assembly  within  ten  days  after  it  convenes. 
It  shall  be  the  duty  of  the  General  Assembly  to  elect  or  appoint  one  or 
more  of  the  candidates  so  nominated  as  a  member  or  members  of  the 
county  board  of  education  for  such  county.  Upon  failure  of  the  General 

Assembly  to  elect  or  appoint  members  as  herein  provided  such  failure 

shall  constitute  a  vacancy  which  shall  be  filled  by  the  State  Board  of 
Education.  The  term  of  office  of  each  member  shall  begin  on  the  first  Mon¬ 
day  of  April  of  the  year  in  which  he  is  elected,  and  shall  continue  until  his 
successor  is  elected  and  qualified. 

C.  S.,  5404. 

Sec.  13.  County  board  of  elections  to  provide  for  nominations.  The 
County  board  of  elections,  under  the  direction  of  the  State  Board  of  Elec¬ 
tions  shall  make  all  necessary  provisions  for  such  nominations  as  are 
herein  provided  for. 

C.  S.,  5405. 


County  Board  of  Education  :  Corporate  Powers 


9 


Sec.  14.  Members  to  qualify.  Those  persons  who  shall  be  elected  mem¬ 
bers  of  the  county  board  of  education  by  the  General  Assembly  must 
qualify  by  taking  the  oath  of  office  on  or  before  the  first  Monday  in  April 
next  succeeding  their  election.  A  failure  to  qualify  within  that  time  shall 
constitute  a  vacancy.  Those  persons  elected  or  appointed  to  fill  a  vacancy 
must  qualify  within  thirty  days  after  notification  thereof.  A  failure  to 
qualify  within  that  time  shall  constitute  a  vacancy. 

C.  S.,  5406. 

Sec.  15.  "Vacancies  in  nominations.  If  any  candidate  shall  die,  resign, 
or  for  any  reason  become  ineligible  or  disqualified  between  the  date  of  his 
nomination  and  the  time  for  the  election  by  the  General  Assembly  of  the 
member  or  members  of  the  county  board  of  education  for  the  county  of  such 
candidate,  the  vacancy  caused  thereby  may  be  filled  by  the  action  of  the 
county  executive  committee  of  the  political  party  of  such  candidate. 

C.  S.,  5407. 

Sec.  16.  Vacancies  in  office.  All  vacancies  in  the  membership  of  the 
board  of  education  in  such  counties  by  death,  resignation,  or  otherwise  shall 
be  filled  by  the  remaining  members  of  said  county  board  of  education  until 
the  meeting  of  the  next  regular  session  of  the  General  Assembly,  and 
then  for  the  residue  of  the  unexpired  term  by  that  body.  If  the  vacancy 
to  be  filled  by  the  General  Assembly  in  such  cases  shall  have  occurred 
before  the  primary  or  convention  held  in  such  county,  then  and  in  that 
event  nominations  for  such  vacancies  shall  be  made  in  the  manner  here¬ 
inbefore  set  out,  and  such  vacancy  shall  be  filled  from  the  candidates  nom¬ 
inated  to  fill  such  vacancy  by  the  party  primaries  or  convention 
of  such  county.  All  vacancies  that  are  not  filled  by  the  remaining  members 
of  the  board  under  the  authority  herein  contained  within  thirty  days 
from  the  occurrence  of  such  vacancies  shall  be  filled  by  appointment  by 

the  State  Board  of  Education. 

0.  S.,  5408. 

In  the  event  that  all  or  a  majority  of  the  members  of  the  board  die, 
resign  or  are  removed  from  office,  the  vacancies  shall  be  filled  at  once  .by 
the  State  Board  of  Education. 

Sec.  17.  Eligibility  for  the  office.  No  person  shall  be  eligible  as  a  mem¬ 
ber  of  the  county  board,  of  education  who  is  not  known  to  be  a  man  of  in¬ 
telligence,  of  good  moral  character,  of  good  business  qualifications  and 
known  to  be  in  favor  of  public  education.  No  person,  while  actually  en¬ 
gaged  in  teaching  in  the  public  schools  or  engaged  in  teaching  in  or  con¬ 
ducting  a  private  school  in  connection  with  which  private  school  there  is 
in  any  manner  conducted  a  public  school,  and  no  member  of  a  district 
committee  or  board  of  trustees  shall  be  eligible  as  a  member  of  the  county 

board  of  education. 

C.  S.,  5409. 

Sec.  18.  Organization  of  the  board.  At  the  first  meeting  of  the  new 
board  in  April  the  members  of  the  board  shall  organize  by  electing  one  of 
its  members  as  chairman  for  a  period  of  one  year  or  until  his  successor  is 
elected  and  qualified.  The  Superintendent  of  Public  Instruction  shall 
be  ex  officio  secretary  to  the  board.  He  shall  keep  the  minutes  of  the 
meetings  of  the  board,  but  shall  have  no  vote:  Provided ,  that  in  the 


10 


Public  School  Law  of  North  Carolina 


event  of  a  vacancy  in  the  county  superintendency  the  board  may  elect 
one  of  its  members  to  serve  temporarily  as  secretary  to  the  board. 

Sec.  19.  Tlie  board  a  body  corporate.  The  board  of  education  shall  be  a 
body  corporate  by  the  name  and  style  of  “The  Board  of  Education  of 

. . . County.”  By  that  name  it  shall  hold  all  school  property 

belonging  to  the  county,  and  it  shall  be  capable  of  purchasing  and  hold¬ 
ing  real  and  personal  property,  of  building  and  repairing  schoolhouses, 
of  selling  and  transferring  the  same  for  school  purposes,  and  of  prose¬ 
cuting  and  defending  suits  for  or  against  the  corporation. 

All  public  school  property  now  in  the  possession  of  school  committees 
who  were  bodies  corporate  prior  to  January  1,  1900,  or  who  became 
bodies  corporate  by  special  act  of  the  General  Assembly,  but  who  have 
since  ceased  to  be  bodies  corporate;  and  where  land  or  lands  were 
conveyed  by  deed  bearing  date  prior  to  January  1,  1900,  to  local  trustees 
for  school  purposes,  and  such  deed  makes  no  provision  for  successor 
trustees  to  those  named  in  said  deed,  and  all  such  trustees  are  dead; 
and  where  such  land  or  lands  are  not  now  being  used  for  educational 
purposes  either  by  the  county  board  of  education  of  the  county  or  the 
board  of  trustees  of  a  special  charter  district  wherein  same  are  located, 
the  clerk  of  the  Superior  Court  of  the  county  wherein  such  property 
or  such  land  or  lands  are  located  shall  convey  said  property  or  land 
or  lands  to  the  county  board  of  education,  unless  same  is  located  in  a 
special  charter  district.  In  that  event  said  property  or  land  or  lands 
shall  be  conveyed  to  the  board  of  trustees  of  the  special  charter  district. 

Sec.  20.  Compensation  of  members.  The  board  of  education  may  fix  the 
compensation  of  each  member  at  not  to  exceed  five  dollars  per  diem  and  five 
cents  a  mile  to  and  from  the  place  of  meeting.  And  no  member  of  the 
board  shall  receive  any  compensation  for  any  services  rendered  except 
the  per  diem  provided  in  this  section  for  attending  meetings  of  the 
board  and  traveling  expenses  when  attending  meetings  of  the  board, 
or  such  other  traveling  expenses  as  may  be  incurred  while  per¬ 
forming  duties  imposed  upon  any  member  by  authority  of  the  board. 

C.  S.,  3912.  Amended  1921. 

Sec.  21.  Removal  for  cause.  In  case  the  State  Superintendent  shall  have 
sufficient  evidence  that  any  member  of  the  county  board  of  education  is  not 
capable  of  discharging  or  is  not  discharging  the  duties  of  his  office  as 
required  by  law,  or  is  guilty  of  immoral  or  disreputable  conduct,  he  shall 
notify  the  chairman  of  the  county  board  of  education,  who  shall  call  a 
meeting  of  the  board  at  once  to  investigate  the  charges,  and  if  found  to 
be  true,  the  board  shall  declare  the  office  vacant. 

C.  S.,  5414,  revised. 

Sec.  22.  Meetings  of  the  board.  The  county  board  of  education  shall 
meet  on  the  first  Monday  in  January,  April,  July,  and  October.  It  may  elect 
to  hold  regular  monthly  meetings,  and  to  meet  in  special  sessions  as 
often  as  the  school  business  of  the  county  may  require. 

C.  S.,  5410,  revised. 

Sec.  23.  Powers,  suits  and  actions,  (a)  The  county  board  of  education 
shall  institute  all  actions,  suits,  or  proceedings  against  officers,  persons,  or 
corporations,  or  their  sureties,  for  the  recovery,  preservation,  and  appli- 


County  Board  of  Education:  Direction  of  School  System  12 

cation  of  all  moneys  or  property  which  may  be  due  to  or  should  be 
applied  to  the  support  and  maintenance  of  the  schools,  except  in  case 
of  a  breach  of  his  bond  by  the  treasurer  of  the  county  school  fund, 
in  which  case  action  shall  be  brought  by  the  county  commissioners  as 
is  hereinafter  provided. 

(b)  In  all  actions  brought  in  any  court  against  a  county  board  of  educa¬ 
tion  for  the  purpose  of  compelling  the  board  to  admit  any  child  or  children 
who  have  been  excluded  from  any  school,  by  the  order  of  the  board,  the 
order  or  action  of  the  board  shall  be  presumed  to  be  correct,  and  the 

burden  of  proof  shall  be  on  the  complaining  party  to  show  to  the  contrary. 

0.  S.,  5417. 

Sec.  24.  Power  to  subpoena  and  to  punish  for  contempt.  The  board  shall 

have  power  to  issue  subpoenas  for  the  attendance  of  witnesses.  Subpoenas 
may  be  issued  in  any  and  all  matters  which  may  lawfully  come  within 
the  powers  of  the  board,  and  which  in  the  discretion  of  the  board  require 
investigation;  and  it  shall  be  the  duty  of  the  sheriffs,  coroners,  and  consta¬ 
bles  to  serve  such  subpoenas  upon  payment  of  their  lawful  fees. 

The  county  board  of  education  of  each  county  shall  have  power  to  punish 
for  contempt  for  any  disorderly  conduct  or  disturbance  tending  to  disrupt 
it  in  the  transaction  of  official  business. 

C.  S.,  5418. 

Sec.  25.  Witness  failing  to  testify  misdemeanor.  Any  witness  who  shall 
willfully  and  without  legal  excuse  fail  to  appear  before  the  county  board  of 
education  to  testify  in  any  matter  under  investigation  by  the  board,  shall 
be  guilty  of  a  misdemeanor,  and  fined  not  more  than  fifty  dollars  or 
imprisoned  not  more  than  thirty  days. 

C.  S.,  5419. 

Sec.  26.  Appeals  to  board  from  county  officers.  An  appeal  shall  lie  from 
all  county  school  officers  to  the  county  board  of  education,  and  such  ap¬ 
peals  shall  be  regulated  by  rules  to  be  adopted  by  the  county  board  of 

education. 

C.  S.,  5420. 

Sec.  27.  Superior  Court  to  review  board’s  action.  The  Superior  Courts 
of  the  State  may  review  any  action  of  the  county  board  of  education  affect¬ 
ing  one’s  character  or  right  to  teach. 

C.  S.,  5421. 

Art  3.  The  Direction  and  Supervision  of  the  School  System 

Sec.  28.  To  provide  for  all  the  children  of  the  county.  It  is  the  duty  of 
the)  county  board  of  education  to  provide  an  adequate  school  system  for  the 
benefit  of  all  the  children  of  the  county,  as  directed  by  law.  The  board 
of  education  shall  so  district  the  county  and  locate  the  schools  that 
elementary  and  high  school  instruction  may  be  available  for  all  children 
of  the  county. 

Sec.  29.  General  powers.  All  powers  and  duties  conferred  and  imposed 
by  law  respecting  public  schools,  which  are  not  expressly  confoned  and 
imposed  upon  some  other  officials,  are  conferred  and  imposed  upon  the 

county  board  of  education. 

C.  S.,  5412. 


12 


Public  School  Law  of  North  Carolina 


Sec.  30.  General  control.  The  county  board  of  education  shall  have  gen¬ 
eral  control  and  supervision  of  all  matters  pertaining  to  the  public  schools 
in  their  respective  counties,  and  they  shall  execute  the  school  laws  in  their 
respective  counties.  But  wherever  duties  are  assigned  to  the  county  board 
of  education  in  Part  II  of  this  act,  it  shall  not  be  construed  so  as  to 
take  away  from  the  board  of  trustees  of  any  special  charter  district  any 
duties  or  powers  assigned  to  said  board  of  trustees  by  the  General  Assem¬ 
bly. 

C.  S.,  5412,  revised. 

Sec.  31.  Determine  the  method  of  conducting  schools.  The  county  board 
of  education  shall  have  power  and  authority  to  fix  and  determine  the  method 
of  conducting  the  public  schools  in  their  respective  counties,  so  as  to 
furnish  the  most  advantageous  method  of  education  available  to  the  children 
attending  the  public  schools  in  the  several  counties  of  the  State. 

C.  S.f  5412. 

Sec.  32.  Fix  time  of  opening  and  closing  schools.  The  time  of  opening 
and  closing  the  public  schools  in  the  several  public  school  districts  of  the 
State  shall  be  fixed  and  determined  by  the  county  board  of  education  in 
their  respective  counties.  The  board  may  fix  different  dates  for  open- 
ling  the  schools  'in  different  townships,  but  all  the  schools  of  each 
township  must  open  on  the  same  date,  as  nearly  as  practicable. 

C.  S.,  5412. 

Sec.  33.  Determine  length  of  school  day.  The  length  of  the  school  day 
shall  be  determined  by  the  county  board  of  education  for  all  public 
schools  under  its  jurisdiction  and  by  the  board  of  trustees  of  all 

other  schools:  Provided,  the  minimum  time  for  which  teachers  shall 
be  employed  in  the  schoolroom  or  on  the  school  grounds  supervising 
the  activities  of  children  shall  not  be  less  than  six  hours.  But  county 
boards  of  education  may  authorize  rural  schools  in  certain  seasons  of 
the  year,  when  the  agricultural  needs  of  the  farm  demand  it,  to  be 
conducted  for  less  than  six  hours  a  day:  Provided  further,  it  shall 
be  the  duty  of  county  boards  of  education  and  boards  of  trustees, 

wherever  the  needs  are  presented,  to  provide  part-time  classes  for 
pupils  above  the  compulsory  school  age  and  for  such  other  pupils  as 
are  unable,  because  of  physical  defects,  to  attend  school  for  the  full 
time  designated  for  the  classes  in  which  they  may  be  enrolled. 

Sec.  34.  Duty  to  enforce  the  compulsory  school  law.  It  shall  be  the  duty 
of  teachers,  principals,  county  superintendents  of  public  instruction  and 
attendance  officers  to  enforce  the  compulsory  school  law  in  accordance 
with  the  rules  and  regulations  adopted  by  the  State  Board  of  Education, 
and  if  they  shall  fail  to  perform  their  duties  in  this  respect,  it  shall 
be  the  duty  of  the  county  board  of  education  to  withhold  the  salary 
of  such  a  person  or  to  remove  such  a  one  from  offijce.  Any  school 

officials  failing  to  obey  the  law  in  regard  to  compulsory  attendance 

shall  be  guilty  of  a  misdemeanor  and  may  be  fined  or  imprisoned  in 
the  discretion  of  the  court. 

C.  S.,  5759,  5760. 


County  Board  of  Education  :  Direction  of  School  System  13 

Sec.  35.  The  classification  of  schools.  The  county  board  of  education  on 
recommendation  of  the  county  superintendent  shall  have  authority 
to  classify  the  schools  of  the  county  and  determine  the  number  of  grades 
that  each  school  shall  contain,  and  in  what  schools  high  school  subjects 
may  be  taught.  But  high  school  subjects  shall  not  be  taught  in  a  school 
having  only  one  teacher. 

Sec.  36.  The  location  of  high  schools.  It  is  the  duty  of  the  county  board 
of  education  on  recommendation  of  the  county  superintendent  to  locate 
high  schools  in  the  county  or  to  arrange  for  high  school  instruction 
in  special  charter  districts,  so  as  to  provide  good  high  school  instruction 
for  all  the  children.  Since  the  cost  of  good  high  school  instruction  is 
too  great  to  permit  the  location  of  small  high  schools  close  together,  it 
shall  be  the  duty  of  the  county  board,  wherever  the  needs  demand  it,  to  lo¬ 
cate  not  more  than  one  standard  high  school  in  each  township  or  its 
equivalent.  Provided,  it  shall  be  discretionary  with  county  boards  of 
education  to  continue  standard  high  schools  now  in  existence  contrary  to 
the  provisions  of  this  section,  and  to  establish  such  high  schools  in  town¬ 
ships  in  which  city  schools  are  already  located. 

Sec.  37.  Number  of  teachers  permitted  in  each  elementary  school.  The 
county  board  of  education  in  apportioning  the  public  school  fund  for  the 
maintenance  of  a  six  months  school  term,  is  authorized  to  provide  for 
more  than  one  teacher  in  the  elementary  schools  as  follows: 

In  a  school  where,  during  the  preceding  school  year  the  average  num¬ 
ber  of  children  attending  such  school  daily  was  not  less  than  thirty 
pupils,  funds  may  be  apportioned  for  paying  the  salaries  of  two  teachers; 
and  in  a  school  where,  during  the  preceding  school  year,  the  average 
number  of  children  attending  such  school  daily  was  not  less  than  sixty- 
five  pupils,  funds  may  be  apportioned  for  paying  the  salaries  of  three 
teachers;  and  in  schools  where,  during  the  preceding  school  year,  the 
average  number  of  children  attending  daily  was  not  less  than  one  hun¬ 
dred  pupils,  funds  may  be  apportioned  for  paying  the  salaries  of  four 
teachers;  and  in  a  school  where,  during  the  preceding  school  year,  the 
average  number  of  children  attending  such  school  daily  exceeded  one 
hundred  pupils,  funds  may  be  apportioned  for  one  additional  teacher  for 
.each  thirty-five  additional  pupils  in  average  daily  attendance  in  the  school. 

C.  S.,  5490,  revised. 

Sec.  38.  Number  of  teachers  permitted  in  each  high  school.  The  county 
board  of  education  may  provide  for  teachers  in  high  schools  on  the  follow¬ 
ing  basis: 

One  whole-time  teacher  for  twenty  pupils  in  average  daily  attendance; 
two  teachers  for  thirty  pupils  in  average  daily  attendance;  three  teachers 
for  forty-five  pupils  in  average  daily  attendance;  four  teachers  for  seventy 
pupils  in  average  daily  attendance  •  and  after  four  teachers  are  employed 
on  this  basis  one  additional  teacher  may  be  employed  for  each  additional 
thirty  pupils  in  average  daily  attendance:  Provided,  that  for  the  encour¬ 
agement  of  the  teaching  of  vocational  subjects,  teachers  of  agriculture 
and  home  economics  may  be  in  addition  to  the  number  of  teacheis  allowed 
above,  if  instruction  is  provided  for  the  people  of  the  community  in  these 
vocational  subjects. 


14 


Public  School  Law  of  North  Carolina 


Sec.  39.  Subjects  taught  in  the  elementary  schools.  The  county  board  of 
education  shall  provide  for  the  teaching  of  the  following  subjects  in  all 
elementary  schools  having  seven  grades  or  seven  years:  Spelling,  reading, 
waiting,  grammar,  language  and  composition,  English,  arithmetic,  drawing, 
geography,  the  history  and  geography  of  North  Carolina,  history  of  the 
United  States,  elements  of  agriculture,  health  education,  including  the  nature 
and  effect  of  alcoholic  drinks  and  narcotics,  and  fire  prevention. 

It  shall  be  the  duty  of  the  State  Superintendent  of  Public  Instruction 
to  prepare  a  course  of  study  outlining  these  and  other  subjects  that  may 
be  taught  in  the  elementary  schools,  arranging  the  subjects  by  grades  and 
classes,  giving  directions  as  to  the  best  methods  of  teaching  them,  and 
including  type  lessons  for  the  guidance  of  the  teachers.  The  county  board 
of  education  shall  require  these  subjects  in  both  public  and  private  schools 
to  be  taught  in  the  English  language,  and  any  teacher  or  principal  who 
shall  refuse  to  conduct  his  recitations  in  the  English  language  shall  be 
guilty  of  a  misdemeanor,  and  may  be  fined  or  imprisoned  in  the  discre¬ 
tion  of  the  court. 

Sec.  40.  Kindergartens  may  be  established.  Upon  a  petition  by  the  board 
of  directors  or  trustees  or  school  committee  of  any  school  district,  endorsed 
by  the  county  board  of  education,  the  board  of  county  commissioners,  after 
thirty  days  notice  at  the  courthouse  door  and  three  other  public  places 
in  the  district  named,  shall  order  an  election  to  ascertain  the  will  of  the 
people  within  said  district  whether  there  shall  be  levied  in  such  a  district 
a  special  annual  tax  of  not  more  than  fifteen  cents  on  the  one  hundred 
dollars  worth  of  property  and  forty-five  cents  on  the  poll  for  the  purpose 
of  establishing  kindergarten  departments  in  the  schools  of  said  districts. 
The  election  so\  ordered  shall  be  conducted  under  the  rules  and  regulations 
for  holding  special  tax  elections  in  special  school  districts,  as  provided  in 
article  18  of  this  chapter. 

At  such  elections  those  who  are  in  favor  of  the  special  tax  shall  vote  a 
ballot  on  which  shall  be  printed  the  words,  “For  Kindergartens,”  and  those 
who  are  opposed  shall  vote  a  ballot  on  which  shall  be  printed  the  words 
“Against  Kindergartens.” 

If  a  majority  of  the  qualified  voters  shall  vote  in  favor  of  the  tax,  then 
it  shall  be  the  duty  of  the  board  of  trustees  or  directors  or  school  com¬ 
mittee  of  said  district  to  establish  and  provide  for  kindergartens  for  the 
education  of  the  children  in  said  district  of  not  more  than  six  years  of 
age,  and  the  county  commissioners  shall  annually  levy  a  tax  for  the  sup¬ 
port  of  said  kindergarten  departments  not  exceeding  the  amount  specified 
in  the  order  of  election.  That  said  tax  shall  be  collected  as  all  other 
taxes  in  the  county  are  collected  and  shall  be  paid  by  the  sheriff  to 
the  treasurer  of  the  said  school  district  to  be  used  exclusively  for  pro¬ 
viding  adequate  quarters  and  for  equipment  and  for  the  maintenance  of 
said  kindergarten  department. 

Sec.  41.  County  training  schools.  The  county  board  of  education  is 
authorized  with,  the  approval  of  the  State  Superintendent  of  Public  Instruc¬ 
tion,  to  make  special  appropriations  from  the  county  school  fund  to  provide 
for  the  county,  one  county  training  school  of  not  less  than  eight  months 


School  Officials  Responsible  to  County  Board 


15 


for  either  race  in  which  elementary  and  high  school  subjects  and  vo¬ 
cational  subjects  of  agriculture,  home  economics,  and  special  industrial 
subjects  and  methods  of  teaching  shall  be  taught.  The  purpose  of  the 
special  appropriation  to  the  county  training  school  shall  be  to  provide 
teachers  for  the  elementary  schools  for  six  months. 

Sec.  42.  Board  shall  provide  schools  for  Indians  in  certain  counties.  It 

shall  be  the  duty  of  the  county  board  of  education  to  provide  separate 
schools  for  Indians  as  follows: 

The  persons  residing  in  Robeson  and  Richmond  counties,  supposed  to 
be  descendants  of  a  friendly  tribe  once  residing  in  the  eastern  portion  of 
the  State,  known  as  Croatan  Indians,  and  who  have  heretofore  been 
known  as  “Croatan  Indians”  or  “Indians  of  Robeson  County,”  and  their 
descendants,  shall  be  known  and  designated  as  the  “Cherokee  Indians 
of  Robeson  County;”  and  the  persons  residing  in  Person  County  sup¬ 
posed  to  be  descendants  of  a  friendly  tribe  of  Indians  and  White’s  Lost 
Colony,  once  residing  in  the  eastern  portion  of  this  State,  and  known  as 
“Cubans,”  and  their  descendants,  shall  be  known  and  designated  as  the 
“Indians  of  Person  County.” 

Note. — For  separate  schools  for  Indians  in  Scotland  County,  see  1909,  c.  720.  For  sepa¬ 
rate  schools  in  Cumberland  County,  see  1907,  c.  499.  And  for  Sampson  County,  see  1917, 
c.  509. 

The  Indians  mentioned  above  and  their  descendants  shall  have  separate 
schools  for  their  children,  school  committees  of  their  own  race  and  color, 
and  shall  be  allowed  to  select  teachers  of  their  own  choice,  subject  to 
the  same  rules  and  regulations  as  are  applicable  to  all  teachers  in  the 
general  school  law,  and  there  shall  be  excluded  from  such  separate  schools 
all  children  of  the  negro  race  to  the  fourth  generation. 

C.  S.,  5546,  5547. 

Art.  4.  School  Officials  Selected  by  or  Responsible  to  the 

Board  of  Education 

Sec.  43.  Election  of  county  superintendent.  The  county  board  of  educa¬ 
tion  shall  as  soon  as  convenient  on  or  after  the  first  Monday  in  April, 
elect  a  county  superintendent  of  public  instruction  to  serve  for  a  term 
of  two  years.  The  county  board  of  education  shall  fix  the  time  for  the 
election  of  the  county  superintendent  and  shall  give  public  notice  of 
the  same  in  a  paper  published  or  circulating  in  the  county,  and  shall  post 
a  notice  of  the  same  at  the  courthouse  door  at  least  fifteen  days  before 
the  date  fixed  for  the  election  of  said  superintendent.  His  term  of  office 
shall  begin  on  the  first  Monday  in  July.  Immediately  after  the  election 
the  chairman  of  the  county  board  of  education  shall  report  the  name, 
address,  experience  and  qualification  of  the  person  elected  to  the  State 
Superintendent  of  Public  Instruction. 

Sec.  44.  Limitations  of  the  board  in  selecting  a  county  superintendent. 
The  county  board  of  education  is  authorized  to  select  for  the  office  of  county 
superintendent  any  practical  teacher  and  administrator  who  holds  or  is 
entitled  to  hold  a  superintendent’s  certificate  under  the  rules  and  regula¬ 
tions  of  the  State  Board  of  Education.  If  any  board  of  education  shall  elect 
a  person  to  serve  as  county  superintendent  of  public  instruction  who 


16 


Public  School  Law  of  North  Carolina 


does  not  qualify,  or  cannot  qualify  for  the  superintendent’s  certificate 
before  taking  the  oath  of  office,  the  election  is  null  and  void  and  it  shall  be 
the  duty  of  the  board  of  education  to  elect  only  a  person  that  can  qualify. 

C.  S.,  5425,  revised. 

Sec.  45.  Provide  an  office  and  assistance  for  superintendent.  The 
county  board  of  education  shall  provide  an  office  for  the  county  super¬ 
intendent,  in  the  courthouse  if  possible.  It  shall  provide  office  sup¬ 
plies  for  the  superintendent,  such  as  stationery,  stamps  and  other  neces¬ 
sary  supplies  in  the  conduct  of  his  business.  The  county  board  of  education 
may  employ  clerical  assistance  to  aid  the  county  superintendent. 

C.  S.,  5424,  revised. 

Sec.  46.  To  remove  county  superintendent  for  cause.  The  county  board 
of  education  is  authorized  to  remove  a  county  superintendent  who  is  guilty 
of  immoral  conduct,  or  shall  fail  or  refuse  to  perform  the  duties  re¬ 
quired  of  him  by  law. 

In  case  the  State  Superintendent  shall  have  sufficient  evidence  at  any 
time  that  any  county  superintendent  of  public  instruction  is  not  capable 
of  discharging  or  is  not  discharging  the  duties  of  his  office  as  required 
by  law  or  is  guilty  of  immoral  or  disreputable  conduct,  he  shall  report 
the  matter  to  the  county  board  of  education,  which  shall  hear  the  evidence 
in  the  case;  and  if,  after  careful  investigation,  it  shall  find  the  charges 
true,  it  shall  declare  the  office  vacant  at  once  and  proceed  to  elect  his 
successor.  This  section  shall  not  deprive  any  county  superintendent 
of  the  right  to  try  his  title  to  office  in  the  courts  of  the  State. 

C.  S.,  5414,  revised. 

Sec.  47.  To  prescribe  the  duties  of  the  county  superintendent  not  in  con¬ 
flict  with  the  law  and  the  Constitution.  All  acts  of  the  county  board  of  edu¬ 
cation  not  in  conflict  with  State  law  shall  be  binding  on  the  county  super¬ 
intendent,  and  it  shall  be  his  duty  to  carry  out  all  rules  and  regulations 
of  the  board. 

Sec.  48.  To  elect  committeemen  of  school  districts.  The  county  board  of 
education  shall  elect  three  committeemen  to  serve  in  each  school  district, 
in  those  districts  that  hereafter  may  be  created.  One  shall  be  elected  for 
one  year;  one  for  two  years  and  one  for  three  years,  or  until  their  suc¬ 
cessors  are  elected  and  qualified.  Their  terms  of  office  shall  begin  as  of 
April  1st  in  the  calendar  year  in  which  they  are  elected,  and  as  their 
terms  of  office  expire  their  successors  shall  be  elected  for  a  term  of  three 
years.  It  shall  be  the  duty  of  the  county  board  of  education  to  elect  in 
April  of  each  year,  or  as  soon  thereafter  as  convenient,  one  committeeman 
for  each  district  of  the  county  already  established,  to  serve  for  a  term  of 
three  years  or  until  the  successor  is  elected  and  qualified. 

Provided:  The  county  board  of  education  is  authorized  to  select  in  a 
local  tax  district,  a  committee  composed  of  five  members,  two  for  one 
year,  two  for  two  years,  and  one  for  three  years,  or  until  their  successors 
are  elected  and  qualified. 

Provided  further:  The  jurisdiction  of  the  county  board  of  education 
to  elect  district  committeemen  shall  apply  to  all  school  districts  in  a 


School  Officials  Responsible  to  County  Board 


17 


county  except  those  districts  that  have  special  authority  from  the  General 

Assembly  to  elect  committeemen  in  some  other  manner. 

C.  S.,  5457,  5458,  revised. 

Sec.  49.  To  remove  committeemen  for  cause.  In  case  the  county  super- 
tendent  or  any  member  of  the  county  board  of  education  shall  have  suffi¬ 
cient  evidence  at  any  time  that  any  member  of  any  school  committee  is 
not  capable  of  discharging,  or  is  not  discharging  the  duties  of  his  office, 
or  is  guilty  of  immoral  or  disreputable  conduct,  he  shall  bring  the  matter 
to  the  attention  of  the  county  board  of  education,  which  shall  thoroughly 
investigate  the  charges  and  shall  remove  such  committeeman  and  appoint 
his  successor,  if  sufficient  evidence  shall  be  produced  to  warrant  his 

removal  and  the  best  interests  of  the  schools  demand  it. 

C.  S.,  5414. 

Sec.  50.  To  advise  with  the  committee  in  regard  to  the  needs  of  the  dis¬ 
trict.  The  county  board  of  education  shall  advise  with  the  committee  of 
each  district  before  the  May  budget  is  prepared,  and  seek  such  informa¬ 
tion  as  may  be  helpful  in  planning  the  work  for  the  ensuing  year,  in  pro¬ 
viding  the  number  and  grade  of  teachers  needed,  and  the  amount  needed  to 
thoroughly  equip  the  school  building  or  buildings  of  the  district.  The 
county  board  of  education  shall  keep  the  committees  informed  as  to  the 
plans  and  purposes  of  the  board  and  shall  seek  in  every  way  possible 
to  secure  their  co-operation  in  providing  adequate  educational  oppor¬ 
tunities  for  all  the  children  of  the  district,  for  the  enforcement  of  the 
compulsory  school  law,  for  teaching  adult  illiterates,  and  for  the  en¬ 
couragement  of  vocational  education  in  the  county. 

Sec.  51.  Supervisors  or  assistant  county  superintendent.  The  county 
board  of  education  shall  have  authority  to  employ  an  assistant  county  super¬ 
intendent  or  to  employ  a  supervisor  or  supervisors  to  aid  the  county 
superintendent  in  supervising  the  instruction  in  the  elementary  and  high 
schools  of  the  county:  Provided,  that  the  salary  for  the  same  is  provided 
in  the  budget  and  approved  by  the  county  commissioners.  The  duties 
of  the  supervisor  or  the  assistant  county  superintendent  shall  be  outlined 
by  the  county  superintendent  of  public  instruction:  Provided  further,  the 
supervisor  or  assistant  county  superintendent  shall  not  be  assigned  to 
regular  clerical  work  in  the  office  of  the  county  superintendent.  And  no 
part  of  the  salary  of  any  supervisor  or  assistant  county  superintendent 
shall  be  paid  out  of  the  State  Public  School  Fund,  unless  the  duties 
assigned  to  the  same  are  first  approved  by  the  State  Superintendent  of 

Public  Instruction. 

Sec.  52.  Obsolete. 

Sec.  53.  Duty  of  county  board  to  teachers,  supervisors  and  principals. 
The  county  board  of  education,  upon  the  recommendation  of  the  county 
superintendent,  shall  have  full  power  to  make  all  just  and  needful  rules 
and  regulations  governing  the  conduct  of  teachers,  principals  and  super¬ 
visors,  under  the  jurisdiction  of  the  county  board  of  education,  the  kind  of 
reports  they  shall  make  and  their  duties  in  the  care  of  the  school  property. 

The  county  board  of  education  shall  have  power  to  investigate  and 
pass  upon  the  moral  character  of  any  teacher  or  school  official  in  the 

2 


18 


Public  School  Law  of  North  Carolina 


public  schools  of  the  county,  and  to  dismiss  such  teacher  or  school  official, 
if  found  of  bad  moral  character;  also  to  investigate  and  pass  upon  the 
moral  character  of  any  applicant  for  employment  in  any  public  school  in 
the  county.  Such  investigation  shall  be  made  after  written  notice  of  not 
less  than  ten  days  to  the  person  whose  character  is  to  be  investigated. 

If  the  superintendent  reports  to  the  board  that  the  work  of  any  teacher, 
principal  or  supervisor  is  unsatisfactory,  or  that  either  is  not  observing 
the  rules  and  regulations  of  the  board  of  education,  the  board  has  full 
authority  at  any  time  during  the  year  upon  notice  of  ten  days  to  investigate 
the  charges  and  if  sustained  to  reduce  the  salary  of  the  teacher,  supervisor 
or  principal  to  the  next  lower  salary  in  the  salary  schedule  and  finally  to 
discharge  the  same  for  failure  to  perform  the  duties  as  prescribed  by  the 
board. 

C.  S.,  5412,  revised. 

Sec.  54.  To  provide  for  the  training  of  teachers.  The  county  board  of 
education  is  hereby  authorized  to  provide  summer  schools  for  the  improve¬ 
ment  of  teachers,  subject  to  the  rules  and  regulations  of  the  State  Board  of 
Education.  The  board  is  authorized  to  provide  for  the  professional  growth 
of  the  teachers  while  in  service,  and  to  pass  rules  and  regulations  re¬ 
quiring  teachers  to  co-operate  with  the  county  superintendent  for  the 
improvement  of  instruction  in  the  classroom,  and  for  promoting  community 
improvement,  and  the  county  board  of  education  shall  have  authority  to 
provide  a  smaller  salary  schedule  for  those  teachers  who  do  not  conform  to 
the  rules  and  regulations  authorized  in  this  section. 

Sec.  55.  The  pay  of  teachers.  The  county  board  of  education  shall  not 
authorize  the  payment  of  the  salary  of  any  teacher  or  school  official  for  a 
shorter  term  than  one  month,  unless  he  or  she  is  providentially  hindered 
from  completing  the  term. 

It  is  the  duty  of  the  county  board  of  education  to  provide  monthly  for 
the  prompt  payment  of  all  salaries  due  teachers  and  other  school  officials, 
and  to  meet  other  necessary  operating  expense. 

Sec.  56.  Authority  to  borrow.  If  the  taxes  for  the  current  year  are  not 
collected  when  the  salaries  and  other  necessary  operating  expenses  come 
due,  and  the  money  is  not  available  for  meeting  the  necessary  expenses, 
it  shall  be  the  duty  of  the  county  board  of  education  to  borrow  against 
the  amount  approved  in  the  budget  and  to  issue  short-term  notes  for  the 
amounts  so  borrowed.  The  interest  on  all  such  notes  shall  be  provided 
by  the  commissioners  in  addition  to  the  amount  approved  in  the  budget, 
unless  this  item  is  specifically  taken  care  of  in  the  budget.  But  if  the 
county  board  of  education  shall  wilfully  create  a  debt  that  shall  in  any 
other  way  cause  the  expenses  for  the  year  to  exceed  the  amount  authorized 
in  the  budget  without  the  approval  of  the  county  commissioners,  the  in¬ 
debtedness  shall  not  be  a  valid  obligation  of  the  county,  and  the  members 
of  the  board  responsible  for  making  the  debt  may  be  held  liable  for  the 
same. 

For  the  authority  of  the  commissioners  to  borrow  for  the  county  board  of  education,  see 
s.  189. 


Erection  and  Equipment  of  School  Buildings 


19 


Sec.  57.  A  salary  schedule  for  teachers.  The  State  Board  of  Education 
shall  adopt  a  uniform  graduated  salary  schedule  for  all  teachers,  principals, 
supervisors,  superintendents  and  assistant  superintendents,  based  upon 
duties,  training,  experience,  professional  fitness,  and  continued  service  in 
the  same  school  system. 

The  adopted  salary  schedule  shall  be  a  guide  to  county  boards  of  edu¬ 
cation  in  fixing  all  salaries  of  teachers,  supervisors,  principals  and  super¬ 
intendents  in  the  county,  and  it  shall  be  considered  a  fair  salary  schedule 
to  be  presented  in  the  budget  to  the  boards  of  county  commissioners. 

Every  county  board  of  education,  or  the  board  of  trustees  of  a  city  school 
system  may  adopt  a  different  salary  schedule,  but  it  likewise  shall  recog¬ 
nize  a  difference  in  salaries  based  on  different  duties,  training,  experience, 
professional  fitness  and  continued  service  in  the  same  school  system,  but 
if  any  county  board  of  education  or  the  board  of  trustees  of  any  city  school 
system  shall  fail  to  adopt  such  a  schedule,  the  State  salary  schedule  shall 
automatically  be  in  force,  and  the  difference  in  salaries  suggested  shall 
be  maintained.  And  the  county  superintendent  shall  not  approve  the 
voucher  of  any  teacher  for  a  salary  higher  than  that  provided  in  the 
salary  schedule,  unless  by  action  of  the  county  board  of  education  or  of 
the  board  of  trustees  of  the  city  school  a  higher  salary  is  allowed  for 
special  fitness,  special  duties,  or  under  extraordinary  circumstances. 
Whenever  a  higher  salary  is  thus  allowed  the  minutes  of  the  board  shall 
show  what  salary  is  allowed  and  the  reason  for  the  same:  Provided ,  the 
county  board  of  education,  upon  the  recommendation  of  the  committee  of 
a  local  tax  district,  may  authorize  the  committee  and  the  superintendent 
to  supplement  the  salaries  of  all  teachers  of  the  district  from  funds  de¬ 
rived  from  local  taxes,  and  the  minutes  of  the  board  shall  show  what  in¬ 
crease  is  allowed  each  teacher  in  each  local  tax  district. 

0.  S.,  5494  as  amended  and  revised. 

Sec.  58.  How  school  funds  shall  be  disbursed.  The  county  board  of 
education  shall  divide  the  funds  over  which  it  has  jurisdiction  into  two 
classes:  (1)  those  belonging  to  or  apportioned  to  districts  for  teachers' 
salaries,  supplies  and  repairs,  and  (2)  those  reserved  to  the  county  board 
of  education  for  repairs,  erection  of  buildings,  salary  and  expenses  of 
county  officials,  teacher  training,  and  all  other  necessary  county  expenses. 
The  funds  reserved  to  the  county  board  of  education  shall  be  paid  out  only 
on  warrants  signed  by  the  chairman  and  secretary  of  the  board,  and 
those  belonging  or  apportioned  to  the  district  on  warrants  signed  by  the 
chairman  and  one  other  member  of  the  district  committee,  countersigned 
by  the  county  superintendent:  Provided,  the  county  board  of  education 
may  at  any  time  prohibit  the  district  committee  from  spending  illegally 
the  district  funds  including  the  special  local-tax  funds. 


Art.  5.  Erection,  Repair  and  Equipment  of  School  Buildings 

Sec.  59.  School  buildings  necessary.  School  buildings,  properly  lighted 
and  equipped  with  suitable  desks  for  children  and  tables  and  chairs  for 
teachers,  are  necessary  in  the  maintenance  of  a  six-months  school  term. 
It  shall  be  the  duty  of  the  county  board  of  education  to  present  these 


20 


Public  School  Law  of  North  Carolina 


needs  each  year  to  the  county  commissioners,  together  with  the  cost,  and 
the  county  commissioners  shall  be  given  a  reasonable  time  to  provide  the 
funds,  which  they  upon  investigation  shall  find  to  be  necessary,  for  the 
proper  equipment  of  the  county  with  buildings  suitably  equipped,  and 
it  shall  be  the  duty  of  the  county  commissioners  to  provide  the  funds  for 
the  same. 

Sec.  60.  The  erection  of  sclioolhonses.  The  building  of  all  new  school- 
houses  and  the  repairing  of  all  old  schoolhouses  over  which  the  County 
Board  of  Education  has  jurisdiction,  shall  be  under  the  control  and  direc¬ 
tion  of  and  by  contract  with  the  county  board  of  education.  But  the  board 
shall  not  be  authorized  to  invest  any  money  in  any  new  house  that  is  not 
built  in  accordance  with  plans  approved  by  the  State  Superintendent,  nor 
for  more  money  than  is  made  available  for  its  erection.  All  contracts  for 
buildings  shall  be  in  writing,  and  all  buildings  shall  be  inspected,  received, 
and  approved  by  the  county  superintendent  of  public  instruction  before 
full  payment  is  made  therefor:  Provided ,  this  section  shall  not  prohibit 
county  boards  of  education  and  boards  of  trustees  from  having  the  janitor 
or  any  regular  employee  to  repair  the  buildings. 

0.  S.,  5415,  revised. 

Sec.  61.  How  to  secure  suitable  sites.  The  county  board  of  education 
may  receive  by  gift  or  by  purchase  suitable  sites  for  schoolhouses  or  other 
school  buildings.  But  whenever  the  board  is  unable  to  obtain  a  suitable 
site  for  a  school  or  school  building  by  gift  or  purchase,  the  board  shall 
report  to  the  county  superintendent  of  public  instruction,  who  shall,  upon 
five  days  notice  to  the  owner  or  owners  of  the  land,  apply  to  the  Clerk 
of  the  Superior  Court  of  the  county  in  which  the  land  is  situated  for  the 
appointment  of  three  appraisers,  who  shall  lay  off  by  metes  and  bounds 
not  more  than  ten  acres,  and  shall  assess  the  value  thereof.  They  shall 
make  a  written  report  of  their  proceedings,  to  be  signed  by  them,  or  by  a 
majority  of  them,  to  the  clerk  within  five  days  of  their  appointment,  who 
shall  enter  the  same  upon  the  records  of  the  court.  The  appraisers  and 
officers  shall  serve  without  compensation.  If  the  report  is  confirmed  by 
the  clerk,  the  chairman  and  the  secretary  of  the  board  shall  issue  an  order 
on  the  treasurer  of  the  county  school  fund,  in  favor  of  the  owner  of  the 
land  thus  laid  off,  and  upon  the  payment,  or  offer  of  payment,  of  this 
order,  the  title  to  such  land  shall  vest  in  fee  simple  in  the  corporation. 
Any  person  aggrieved  by  the  action  of  the  appraisers  may  appeal  to  the 
Superior  Court  in  term,  upon  giving  bond  to  secure  the  board  against 
such  costs  as  may  be  incurred  on  account  of  the  appeal  not  being  prose¬ 
cuted  with  effect.  If  the  lands  sought  to  be  condemned  hereunder,  or  any 
part  of  said  lands,  shall  be  owned  by  a  non-resident  of  the  State,  before 
the  clerk  shall  appoint  appraisers  therefor,  notice  to  such  non-resident 
owners  shall  be  given  of  such  proceedings  to  condemn,  by  publication  for 
thirty  days  in  some  newspaper  published  in  the  county,  and  if  no  news¬ 
paper  is  published  in  the  county,  then  by  posting  such  notice  at  the  court¬ 
house  door  and  three  other  public  places  in  the  county  for  the  period  of 

thirty  days. 

C.  S.,  5416. 


Erection  and  Equipment  of  School  Buildings 


21 


Sec.  62.  May  sell  school  property.  When  in  the  opinion  of  the  board 
any  schoolhouse,  schoolhouse  site,  or  other  public  school  property  has  be¬ 
come  unnecessary  for  public  school  purposes,  it  may  sell  the  same  at  public 
auction,  after  advertisement  of  twenty  days  at  three  public  places  in  the 
county.  The  board  may  reject  any  and  all  bids  and  then  sell  said  school 
property  at  a  private  sale  if  it  can  make  a  more  advantageous  sale  there¬ 
by,  and  the  deed  for  property  sold  shall  be  executed  by  the  chairman  and 
secretary  of  the  board,  and  the  proceeds  of  the  same  shall  be  paid  to  the 
treasurer  of  the  county  school  fund. 

C.  S.,  5416,  revised,  5423. 

Sec.  63.  Deeds  to  property.  All  deeds  to  the  county  board  of  education 
shall  be  registered  and  delivered  to  the  Clerk  of  the  Superior  Court  for 
safekeeping,  and  the  secretary  of  the  county  board  of  education  shall  keep 
an  index  by  townships  and  school  districts,  of  all  such  deeds  in  a  book 
for  that  purpose. 

C.  S.,  5422. 

Sec.  64.  Board  cannot  erect  or  repair  a  building  unless  site  is  owned  by 
board.  The  county  board  of  education  shall  make  no  contract  for  the 
erection  or  repair  of  any  school  building,  unless  the  site  on  which  it  is 
located  is  owned  by  the  county  board  of  education,  and  the  deed  for  the 
same  is  properly  registered  and  deposited  with  the  clerk  of  the  court. 

C.  S.,  5450. 

» 

Sec.  65.  Duty  of  board  to  keep  buildings  in  repair.  It  is  the  duty  of 
the  county  board  of  education  to  keep  all  school  buildings  in  good  repair, 
and  to  that  end  it  should  appoint  a  member  of  the  committee  or  some  other 
responsible  person  to  care  for  the  property  during  vacation.  All  principals 
and  teachers  shall  be  held  responsible  for  the  safe-keeping  of  buildings 
during  the  school  session  and  all  breakage  and  damage  shall  be  repaired 
by  those  responsible  for  the  same,  and  if  at  the  end  of  the  session  the 
building  or  buildings  have  not  been  properly  cared  for  by  the  principal 
and  teachers,  the  board  of  education,  upon  the  recommendation  of  the 
county  superintendent,  may  reserve  enough  of  the  salary  belonging  to  the 
principal  and  teachers  to  repair  the  damage  permitted  through  the  care¬ 
lessness  of  the  principal  and  teachers:  Provided ,  principal  and  teachers 
shall  not  be  held  responsible  for  damages  that  they  could  not  have  prevented 
by  reasonable  supervision  in  the  performance  of  their  duties. 

Sec.  66.  The  duty  of  board  of  education  to  provide  equipment  for  school 

buildings.  It  is  the  duty  of  the  county  board  of  education  to  provide  suit¬ 

able  supplies  for  school  buildings  under  its  jurisdiction,  such  as  window 
shades,  fuel,  chalk,  erasers,  blackboards,  and  other  necessary  supplies, 
and  provide  standard  high  schools  with  reference  books,  library,  maps, 
and  equipment  for  teaching  Science  and  the  teachers  and  principal  shall 
be  held  responsible  for  the  proper  care  of  the  same  during  the  school  term. 

Sec.  67.  State  aid  for  school  Ubrarics.  (See  Sections  345,  346.) 

Sec.  68.  Sanitary  school  privies.  The  county  board  of  education  shall 

provide,  upon  recommendation  of  the  State  Board  of  Health,  two  sanitary 
privies  at  each  public  school,  one  for  boys  and  one  for  girls.  Sanitary 
privies  shall  be  considered  an  essential  and  nceessary  part  of  the  equip- 


22 


Public  School  Law  of  North  Carolina 


ment  of  each  public  school,  and  may  be  paid  for  in  the  same  manner  as 
desks  and  other  essential  equipment  of  the  school  are  paid  for,  and  a  failure 
on  the  part  of  the  county  board  of  education  and  county  superintendent 
to  make  provision  for  sanitary  privies,  or  a  failure  on  the  part  of  the 
county  commissioners  to  provide  the  funds  shall  be  considered  a  mis¬ 
demeanor,  and  either  the  county  board,  the  county  superintendent,  or  the 
county  commissioners  may  be  fined  or  imprisoned  in  the  discretion  of  the 
court. 

C.  S.,  5753,  5754. 

Sec.  69.  Type  of  privies  to  be  installed.  The  less  expensive  pit-type,, 
as  recommended  by  the  State  Board  of  Health,  may  be  installed  in  rural 
districts  in  connection  with  the  smaller  school  buildings.  But  the  kind 
of  privy  in  all  buildings  shall  be  sufficient  to  protect  the  health  and 
sanitation  of  the  children  and  the  community. 

Sec.  70.  Privies  to  be  kepi  sanitary.  The  county  board  of  education 
shall  require  of  the  committee  that  the  privies  shall  be  kept  in  a  sanitary 
condition.  They  shall  be  governed  in  this  particular  by  rules  and  regula¬ 
tions  of  the  State  Board  of  Health.  And  the  county  board  of  education  shall 
provide  a  reasonable  expense  fund  wherever  necessary  to  keep  the  privies 
in  a  sanitary  condition. 

It  shall  be  the  duty  of  teachers  and  principals  to  report  the  insanitary 

condition  of  the  privies  to  the  committee  of  the  district,  or  the  county 

superintendent. 

C.  S.,  5757,  revised. 

Sec.  71.  Use  of  school  property.  It  shall  be  the  duty  of  the  county 
board  of  education  and  board  of  trustees  to  encourage  the  use  of  the 
school  buildings  for  civic  or  community  meetings  of  all  kinds  that  may  be 
beneficial  to  the  patrons  of  the  community,  and  the  county  board  of  edu¬ 
cation  or  the  board  of  trustees  has  authority  to  make  rules  and  regulations 

governing  the  use  of  school  property. 

Sec.  72.  Provide  good  water  supply.  It  shall  be  the  duty  of  the  county 
board  of  education  to  make  such  provisions  as  will  give  the  teachers  and 
pupils  a  good  supply  of  wholesome  water  for  the  school  term. 

Art.  6.  Creating  and  Consolidating  School  Districts 

Sec.  73.  School  districts.  The  county  board  of  education  shall  maintain- 
in  each  county  a  convenient  number  of  school  districts.  There  may  be 
one  district  for  each  elementary  school  or  there  may  be  two  or  more 
elementary  schools  in  the  same  district.  There  may  be  one  district  for 
both  the  elementary  and  the  high  school,  or  a  special  high  school  district 
may  be  created  embracing  two  or  more  school  districts.  But  no  special 
high  school  district  shall  be  created  unless  provisions  are  made  for  con¬ 
ducting  all  elementary  schools  and  the  high  school  in  the  proposed  special 
high  school  district  the  same  length  of  term.  Whenever  a  special  high 
school  district  is  created  embracing  two  or  more  elementary  schools  the 
committee,  or  board  of  trustees,  of  the  district  in  which  the  high  school 
is  located,  shall  have  the  same  jurisdiction  over  the  high  school  that  it  has- 
over  the  elementary  school. 


Creating  and  Consolidating  School  Districts 


23 


There  may  be  one  district  and  one  school  committee  for  both  races  or 
the  races  may  have  separate  districts  and  separate  school  committees. 
The  county  board  of  education  shall  consult  the  conveniences  and  neces¬ 
sities  of  each  race  in  fixing  the  boundary  lines  of  school  districts  for  each 
race,  and  it  shall  be  the  duty  of  the  county  board  of  education  to  record 
in  a  book  kept  for  the  purpose  the  location  of  each  school  district  and  the 
boundary  lines  of  each. 


Sec.  73-a.  County-wide  plan  of  organization.  The  county  board  of  edu¬ 
cation  shall  create  no  new  district  nor  shall  it  divide  or  abolish  a  district, 
nor  shall  it  consolidate  districts  or  parts  of  districts,  except  in  accordance 
with  a  county- wide  plan  of  organization  as  follows: 

1.  The  county  board  of  education  shall  present  a  diagram  or  map  of 
the  county  showing  the  present  location  of  each  district,  the  position  of 
each,  the  location  of  roads,  streams  and  other  natural  barriers,  the  num¬ 
ber  of  children  in  each  district,  the  size  and  condition  of  each  school 
building  in  each  district.  The  county  board  of  education  shall  then  pre¬ 
pare  a  county-wide  plan  for  the  organization  of  all  the  schools  of  the 
county.  This  plan  shall  indicate  the  proposed  changes  to  be  made  and 
how  districts  or  parts  of  districts  are  proposed  to  be  consolidated  so  as 
to  work  out  a  more  advantageous  school  system  for  the  entire  county. 

2.  Before  adopting  the  county-wide  plan,  the  county  board  of  education 
shall  call  a  meeting  of  all  the  school  committeemen  and  the  boards  of 
trustees  and  lay  the  proposed  plan  before  them  for  their  advice  and 
suggestions.  After  receiving  the  advice  of  the  committeemen  and  trus¬ 


tees,  the  county  board  of  education  shall  have  authority  to  adopt  a  county¬ 
wide  plan  of  organization,  and  no  districts  or  parts  of  any  district,  in¬ 
cluding  non-local  tax,  local  tax,  and  special  charter  districts  hereafter 
referred  to  in  this  article,  shall  be  consolidated  or  the  boundary  lines 


changed,  unless  the  consolidation  or  the  change  of  boundary  lines  is  in 
accordance  with  the  adopted  county- wide  plan  of  organization:  Provided , 
that  in  the  event  the  county  board  of  education  deems  it  wise  to  modify 
or  change  the  adopted  plan,  the  board  shall  notify  the  committeemen  and 
interested  patrons  and  give  them  a  hearing  if  they  desire  to  be  heard 
before  any  changes  shall  be  made. 

3  The  county  board  of  education  shall  have  authority  to  execute  the 
entire  plan  or  any  part  of  the  same,  but  the  county  board  of  education 
shall  have  no  authority  to  create  a  debt  for  the  execution  of  any  part  of 
the  proposed  plan,  unless  authorized  by  law,  and  if  the  amount  neces¬ 
sary  to  put  into  operation  all  or  any  part  of  said  plan  shall  be  greater 
than  the  amount  that  may  be  reasonably  expected  from  the  Operating 
and  Equipment  Fund  for  this  purpose,  the  amount  shall  be  guaranteed 
by  the  districts  affected  by  the  execution  of  the  plan,  or  if  the  districts 
do  not  guarantee  the  funds  the  county  board  of  education  shall  lay  the 
proposed  plan  before  the  county  commissioners,  together  with  the .  esU- 
mated  amount  necessary  to  put  the  same  into  operation,  and  if  the 
amount  necessary  to  carry  out  all  or  any  part  of  the  proposed  plan 
shall  be  approved  by  the  county  commissioners,  the  county  board  of  edu¬ 
cation  shafl  then  have  the  authority  to  organize  the  districts  in  accordance 

with  the  county-wide  plan. 


24 


Public  School  Law  of  North  Carol^a 


4.  When  the  proposed  county-wide  plan  is  adopted  the  county  board 
shall  notify  the  committeemen  and  hoards  of  trustees  as  to  what  part 
of  the  plan  the  board  proposes  to  carry  out  first  and  in  what  order  the 
other  parts  of  the  plan  will  be  considered,  and  the  preference  shall  be 
given  to  those  districts  in  which  the  needs  are  greatest  if  the  funds  for 
providing  the  equipment  are  made  available. 

5.  In  the  event  that  any  child  or  children  of  any  district  or  any  part 
of  a  district  are  without  adequate  school  advantages  and  these  advantages 
may  be  improved  by  transferring  said  child  or  children  to  a  school  or 
schools  in  adjoining  districts,  the  county  board  shall  have  authority  to 
make  such  a  transfer.  But  this  shall  not  empower  the  county  board  of 
education  to  abolish  or  divide  a  district  unless  such  act  shall  be  in  harmony 
with  the  county-wide  plan  of  organization.  The  temporary  transfer  of  such 
child  or  children  may  be  made  until  such  time  as  the  county-wide  plan 
will  provide  more  advantageously  for  them. 

Sec.  74.  Districts  formed  of  portions  of  contiguous  counties.  School 
districts  may  be  formed  out  of  portions  of  contiguous  counties  by  agree¬ 
ment  of  the  county  boards  of  education  of  the  respective  counties.  In  case 
of  the  formation  of  such  district,  the  pro  rata  part  of  the  public  school 
money  due  for  teaching  the  children  residing  in  one  county  shall  be  ap¬ 
portioned  by  the  county  board  of  education  of  that  county,  and  paid  to 
the  treasurer  of  the  other  county  in  which  the  schoolhouse  is  located,  to  be 
placed  to  the  credit  of  the  school  district  so  formed. 

C.  S.,  5471. 

In  case  of  a  disagreement  between  the  two  county  boards  as  to  the  pro 
rata  part  due  the  county  in  which  the  school  is  located,  the  evidence  shall 
be  laid  before  the  State  Superintendent,  who  shall  determine  from  the 
evidence  submitted  and  from  the  approved  budget  for  that  school,  on  file 
in  his  office,  the  amount  due,  and  the  pro  rata  part  of  each  county  shall 
be  certified  to  the  county  board  of  education  of  each  county,  and  the  county 
board  of  education  of  the  county  in  which  the  joint  school  is  located  may 
recover  by  due  process  of  law  from  the  county  board  of  education  in  the 
other  county  the  amount  due  the  joint  school  for  six  months  from  that 
county. 

Sec.  75.  Consolidation  of  schools  or  school  districts.  The  county  board 
of  education  is  hereby  authorized  and  empowered  to  consolidate  schools 
located  in  the  same  district  and  to  consolidate  school  districts,  over  which 
the  board  has  full  control,  whenever  and  wherever  in  its  judgment  the 
consolidation  will  better  serve  the  educational  interests  of  the  county  or 
any  part  of  it:  Provided,  existing  schools  having  suitable  buildings  shall 
not  be  abolished  until  the  county  board  of  education  has  made  ample 
provisions  for  transferring  all  children  of  said  school  to  some  other  school 
in  the  consolidated  district. 

C.  S.,  5473. 

Sec.  76.  Consolidating  local  tax  districts  having  the  same  rate  of  local 
tax.  The  county  board  of  education  is  authorized  and  empowered  to  con¬ 
solidate  two  or  more  districts,  urban  and  rural,  having  the  same  rate 
of  local  tax  into  one  consolidated  school  district,  upon  satisfactory 
evidence  furnished  to  the  board  that  the  convenience  and  best  interests 


Creating  and  Consolidating  School  Districts 


25 


of  the  residents  of  the  districts  require  the  consolidation  (except  as  pro¬ 
vided  in  section  79). 

Wherever  three  or  more  local  tax  districts  having  the  same  rate  of  tax 
are  contiguous  or  embrace  contiguous  area  the  county  board  of  education 
is  authorized  to  reduce  the  number  of  districts  by  changing  the  boundary 
lines  and  consolidating  districts  or  portions  of  districts:  Provided,  the 
length  of  the  term  is  not  reduced  and  the  efficiency  of  the  school  is  not 
impaired,  and  that  better  educational  advantages  may  result  to  the  children 
of  each  district  as  a  result  of  the  consolidation. 

Sec.  77.  Consolidating1  districts  having  different  local  tux  rates.  The 
county  board  of  education  is  authorized  to  consolidate  districts  having  dif¬ 
ferent  local  tax  rates,  but  the  local  tax  rate  that  may  be  levied  in  the 
consolidated  district  is  the  lowest  tax  rate  voted  in  any  of  the  districts 
which  forms  a  part  of  the  newr  consolidated  district. 

Sec.  78.  Transferring  families  from  non-local  tax  to  local  tax  or  special 
charter  districts.  The  county  board  of  education  may  transfer  from  non¬ 
local  tax  territory  to  local  tax  or  special  charter  districts  an  individual 
family  or  individual  families  who  reside  on  real  property  contiguous,  to  said 
local  tax  or  special  charter  districts,  upon  written  petition  of  the  tax¬ 
payers  of  said  family  or  families,  and  there  shall  be  levied  upon  the 
property  and  poll  of  each  individual  so  transferred  the  same  tax  as  is 
levied  upon  other  property  and  polls  of  said  district. 

0.  S.,  5478. 

Sec.  79.  Changing  the  boundary  lines  of  the  special  charter  districts. 
Upon  the  written  petition  of  the  governing  body  of  a  special  charter  dis¬ 
trict  the  county  board  of  education  is  authorized  to  change  the  boundary 
line  between  special  charter  districts  and  local  tax  districts,  where  the 
tax  rates  are  the  same,  and  to  consolidate  local  tax  districts  with  a  special 
charter  district,  hut  a  record  shall  be  made  of  the  petition  in  the  minutes 
of  the  governing  body  of  the  special  charter  district  and  a  record  shall 
be  made  in  the  minutes  of  the  county  board  of  education,  stating  that  the 
petition  was  received  and  the  request  was  granted.  Then  the  boundary 
line  shall  be  changed  and  the  consolidation  made  and  properly  recorded, 
and  the  new  boundary  line  shall  be  clearly  set  forth  in  the  minutes  of 

both  boards. 

Sec.  80.  The  funds  shall  be  apportioned  so  as  to  encourage  consolidation. 
The  apportionment  of  the  State  and  county  public  school  fund  shall  be 
administered  so  as  to  encourage  consolidation  of  districts  and  the  elimi¬ 
nation  of  small  schools  or  small  districts,  and  the  State  Board  of  Education 
may  refuse  to  apportion  any  part  of  the  State  fund  to  any  school  or  district 
having  an  average  daily  attendance  of  less  than  fifteen  pupils  oi  to  any 
new  school  or  district  created  since  January  first,  one  thousand  nine 
hundred  and  nineteen,  if  the  number  of  districts  or  the  number  of  separate 
schools  in  a  county  has  been  increased  thereby:  Provided ,  that  no  district 
shall  be  abolished  if  the  geographical  conditions  are  such  that  the  children 
of  the  district  cannot  be  annexed  to  some  adjoining  district  without 
seriously  limiting  the  educational  opportunities  of  the  children  of  the 

district. 

c.  S.,  5489. 


26 


Public  School  Law  of  North  Carolina 


Sec.  81.  Provision  for  transportation  of  pupils  in  consolidated  districts. 

Upon  the  consolidation  of  two  or  more  school  districts  into  one  by  the 
county  board  of  education,  the  said  county  board  is  authorized  and  em¬ 
powered  to  make  provision  for  the  transportation  of  ‘pupils  in  the  con¬ 
solidated  district  that  reside  too  far  from  the  schoolhouse  to  attend  without 
transportation. 

An  amount  sufficient  to  cover  the  actual  expense  of  such  transportation 
of  pupils  may  be  included  in  the  county  school  budget  submitted  to  the 
board  of  county  commissioners  in  May  of  each  year,  and  when  so  included 
and  approved  by  the  commissioners  it  shall  be  deemed  a  necessary  part 
of  the  operating  expense  of  the  schools,  and  it  shall  be  the  duty  of  the 
county  commissioners  to  provide  the  funds  necessary  therefor,  in  accord¬ 
ance  with  law.  But  nothing  in  this  section  shall  prevent  the  county 
board  of  education  from  arranging  with  any  district  committee  to  pay  a 
reasonable  part  of  this  expense. 

The  cost  of  trucks  and  automobiles  and  all  necessary  repairs  and  operat¬ 
ing  expenses  shall  be  a  legitimate  item  in  the  budget. 

C.  S.,  5475.  Amended  1920. 

Sec.  82.  School  trucks  aiul  automobiles  exempt  from  taxation.  All 
trucks  or  automobiles  owned  or  controlled  by  the  county  board  of  edu¬ 
cation  and  used  for  transporting  pupils  to  school  or  used  by  school  nurses 
or  home  and  farm  demonstration  agents,  or  county  superintendents  and 
supervisors,  in  the  prosecution  of  their  work,  shall  be  exempt  from  taxa¬ 
tion,  but  all  such  vehicles  shall  be  duly  registered  in  the  office  of  the 
Secretary  of  State:  Provided,  that  the  Secretary  of  State,  upon  proper 
proof  being  filed  with  him  that  any  motor  vehicle  for  which  license 
is  herein  required  is  owned  by  the  State  or  any  department  thereof  or 
by  any  county,  township,  city,  or  town  or  by  any  board  of  education,  may 
collect  not  exceeding  one  dollar  for  the  registration  and  numbering  of 
such  motor  vehicle. 

C.  S.,  5475.  Amended  1921;  c.  97,  s.  13,  Laws  Extra  Session,  1921. 


PART  III  ^ 

COUNTY  SUPERINTENDENT— POWERS,  DUTIES  AND 

RESPONSIBILITIES 

Art.  7.  Election,  Eligibility  and  General  Duties 

Sec.  83.  Election;  term  of  office.  The  county  superintendent  of  public 
instruction  shall  be  elected  by  the  county  board  of  education  as  soon  as 
convenient  on  or  after  its  first  meeting  in  April.  He  shall  hold  his  office 
for  a  term  of  two  years  from  the  date  of  his  election  and  until  his  suc¬ 
cessor  is  elected  and  qualified.  The  county  board  of  education  shall 
provide  the  county  superintendent  with  an  office  at  the  county  seat,  and 
in  the  county  courthouse,  if  possible. 

C.  S.,  5424,  revised. 

Sec.  84.  Eligibility.  The  county  superintendent  shall  hold  at  the  time 
of  his  election  or  must  secure  before  assuming  the  duties  of  the  office,  a 
superintendent’s  certificate  under  the  rules  and  regulations  of  the  State 


County  Superintendent:  Election;  Eligibility;  Duties  27 


Board  of  Education,  and  shall  be  a  person  of  good  moral  character  and  of 
liberal  education,  and  shall  otherwise  be  qualified  to  discharge  the  duties 
of  the  office  as  required  by  law,  due  regard  being  given  to  experience  in 
teaching  and  in  supervision.  No  county  superintendent  shall  be  eligible 
to  hold  office  who  has  an  open  or  active  infectious  state  of  tuberculosis  or 
any  other  contagious  disease,  and  before  any  superintendent  is  employed 
he  shall  secure  a  certificate  from  a  reputable  physician  certifying  that  he 
has  not  an  open  or  active  infectious  state  of  tuberculosis  or  any  other 
contagious  disease. 

C.  S.,  5425,  5659. 


Sec.  85.  Election  reported  to  State  Superintendent.  Immediately  after 
the  election  of  the  county  superintendent  of  public  instruction,  the  chair¬ 
man  of  the  county  board  of  education  shall  report  to  the  State  Superin¬ 
tendent  of  Public  Instruction  the  name,  address,  experience,  and  qualifica¬ 
tions  of  the  person  elected;  and  the  person  elected  shall  report  to  the 
State  Superintendent  as  soon  as  he  shall  have  qualified,  giving  the  date 
of  such  qualification. 

C.  S.,  5429. 


Sec.  86.  Not  to  teach;  to  reside  in  county.  Every  county  superintendent 
shall  reside  in  the  county  of  which  he  is  superintendent.  It  shall  not  be 
lawful  for  him  to  teach  a  school  while  the  public  schools  of  his  county  are 
in  session,  nor  shall  he  he  regularly  employed  in  any  other  capacity  that 
may  limit  or  interfere  with  his  duties  as  superintendent. 

C.  S.,  5426,  revised. 

Sec.  87.  To  take  oath  of  office.  The  county  superintendent  of  public 
instruction,  before  entering  upon  the  duties  of  office,  shall  take  oath  for  the 
faithful  performance  thereof. 

0.  S.,  5427. 

Sec.  88.  Yacancies.  In  case  of  vacancy  by  death,  resignation,  or  other¬ 
wise,  in  the  office  of  county  superintendent,  such  vacancy  shall  be  filled 
by  the  county  board  of  education. 

0.  S.,  5428. 

Sec.  89.  Is  secretary  to  county  hoard.  The  county  superintendent  shall 
be  ex  officio  the  secretary  of  the  county  board  of  education.  He  shall 
record  all  proceedings  of  the  board,  issue  all  notices  and  orders  that  may 
be  made  by  the  board  pertaining  to  the  public  schools,  schoolhouses,  sites, 
or  districts  (which  notices  or  orders  it  shall  be  the  duty  of  the  secretary 
to  serve  by  mail  or  by  personal  delivery,  without  cost).  He  shall  also 
record  all  school  statistics.  The  records  of  the  board  and  the  county 
superintendent  shall  be  kept  in  the  office  provided  for  that  purpose  by 

the  board. 

c.  S.,  5438. 

Sec' 90  Removal  from  office.  The  county  superintendent  may  be  re¬ 
moved  from  office  by  the  county  board  of  education  for  immoral  or  dis¬ 
reputable  conduct  or  for  failure  to  perform  the  duties  required  of  him 


iy  law. 

C.  S.,  5443,  revised. 

Sec  91  Keep  a  record  of  all  deeds.  All  deeds  to  the  county  board  of 
education  shall  be  registered  and  delivered  to  the  Clerk  of  the  Superior 


28 


Public  School  Law  of  North  Carolina 


Court  for  safe-keeping,  and  the  secretary  of  the  county  hoard  shall  keep 
an  index  by  townships  and  school  districts  of  all  such  deeds  in  a  book 
that  purpose. 

C.  S.,  5422. 

Sec.  92.  Superintendent’s  power  to  condemn  land  for  suitable  sites. 
(For  the  superintendent’s  duties  in  this  respect,  see  Section  61.) 

Sec.  93.  Eeport  on  condition  of  school  buildings.  It  shall  be  the  duty 
of  the  county  superintendent  to  inspect  all  school  buildings  or  have  them 
thoroughly  inspected  before  the  opening  of  school,  and  report  their  condi¬ 
tion  to  the  committee  and  to  the  county  board  of  education,  with  such 
recommendations  as  will  make  them  comfortable  and  sanitary. 

Sec.  94.  Attends  meetings  of  State  and  district  associations  of  super¬ 
intendents.  Unless  providentially  hindered,  the  county  superintendent 
shall  attend  continuously  during  its  session  the  annual  meeting  of  the 
State  association  of  county  superintendents  and  the  annual  meeting  of  the 
district  association  of  county  superintendents,  and  the  county  board  of 
education  of  his  county  shall  pay  out  of  the  county  school  fund  his  traveling 
expenses,  including  board,  while  in  attendance  upon  such  meeting. 

C.  S.,  5436. 

Sec.  95.  Make  reports  to  State  Superintendent.  The  county  superin¬ 
tendent  shall  make  such  reports  to  the  State  Superintendent  as  are  re¬ 
quired  by  law.  The  State  Superintendent  of  Public  Instruction  shall  have 
authority  to.  call  on  the  county  superintendent  for  school  statistics  and  for 
reports  on  any  phase  of  the  school  work  or  school  conditions  of  the  county, 
and  it  shall  be  the  duty  of  the  county  superintendent  to  supply  the  infor¬ 
mation  promptly  and  accurately. 

C.  S.,  5442,  revised. 

Sec.  96.  Appoint  certain  school  committees.  (See  Section  232). 

Art.  8.  Duty  of  County  Superintendent  Toward  Committeemen, 

Teachers  and  Principals 

Sec.  97.  To  notify  committeemen  of  their  duties.  The  county  superin¬ 
tendent  shall  notify  committees  of  the  rules  and  regulations  of  the  county 
board  of  education  and  their  duties  in  the  school  district.  He  shall  notify 
the  committees,  before  the  opening  of  the  school,  of  the  appropriation  for 
teachers’  salaries,  incidental  and  building  fund,  the  amount  of  the  local 
tax  fund  due  each  district,  the  salary  schedule  in  force  in  the  county,  the 
law  governing  the  payment  of  all  district  funds,  the  duties  of  the  com¬ 
mitteemen  in  the  care  and  use  of  school  buildings,  and  all  other  duties  that 
may  be  helpful  in  conducting  the  school  in  each  district. 

s 

Sec.  98.  Distributes  blanks  and  books.  It  shall  be  the  duty  of  the 
county  superintendent  to  distribute  to  the  various  school  committees  and 
to  teachers  of  his  county  all  blanks,  registers,  report  cards,  record  books, 
bulletins  and  all  other  supplies  and  information  furnished  by  the  State 
Superintendent  of  Public  Instruction,  who  shall  give  instruction  for  proper 
use  of  same. 

C.  S.,  5439,  revised. 


County  Supeeintendent  :  Duty  to  Committeemen  and  Teachees  29 


Sec.  99.  To  issue  second  or  third  grade  county  certificates.  The  county 
superintendent  may  issue  on  examination  second  and  third  grade  certifi¬ 
cates  to  teachers  only  when  it  is  impossible  for  his  county  to  secure 
teachers  holding  State  certificates,  but  such  certificates  shall  be  merely 
permits  to  teach,  and  shall  be  valid  only  in  the  county  in  which  they  are 

issued,  and  shall  be  valid  for  only  one  year,  but  may  be  renewed. 

C.  S.,  5646,  revised. 

Sec.  100.  Keep  a  record  of  all  teachers.  The  county  superintendent 
shall  keep  a  record  of  all  teachers  employed  in  the  county,  the  kind  of 
certificate  held  by  each  teacher,  the  length  of  service,  success  as  a  teacher 
and  the  salary  allowed  by  the  county  board  of  education. 

Sec.  101.  Approve  the  selection  of  all  teachers.  No  election  of  a  prin¬ 
cipal,  supervisor,  teacher,  assistant,  or  supply  teacher  shall  be  deemed 
valid  until  such  election  has  been  approved  by  the  county  superintendent. 
And  he  shall  not  approve  the  election  of  a  teacher  for  a  longer  period 
than  one  year  and  no  teacher  shall  be  employed  by  a  committee  or  ap¬ 
proved  by  a  county  superintendent  who  is  under  eighteen  years  of  age. 
And  no  superintendent  shall  approve  the  selection  of  any  teacher  or  prin¬ 
cipal  for  a  given  school  year  who  has  willfully  broken  his  or  her  written 
contract  with  some  other  superintendent  for  that  year:  Provided,  a 
teacher  shall  have  the  right  to  resign  her  position  after  giving  thirty 
days  notice:  Provided  further,  the  superintendent  shall  not  approve  the 
selection  of  a  teacher  holding  a  second  or  third  grade  certificate  unless 
it  is  impracticable  to  secure  a  resident  teacher  who  holds  a  higher  cer¬ 
tificate. 

0.  S.,  5664,  5665,  revised. 

Sec.  102.  Approve  the  dismissal  of  teacher.  No  teacher  shall  be  dis¬ 
missed  by  the  committee  until  charges  have  been  filed  in  writing  with 
the  county  superintendent  and  approved  by  him:  Provided,  either  the 
teacher  or  the  committee  may  appeal  to  the  county  board  of  education. 

C.  S.,  5661,  revised. 

Sec.  103.  Administer  oaths  to  teachers.  The  county  superintendent 
shall  have  authority  to  administer  oaths  to  teachers  and  all  subordinate 
school  officials  when  an  oath  is  required  of  the  same. 

C.  S.,  5434. 

Sec,  104.  Advise  with  teachers,  principals  and  supervisors.  The  county 
superintendent  shall  advise  with  teachers,  principals,  and  supervisors  as 
to  the  best  methods  of  instruction,  school  organization  and  school  govern¬ 
ment,  and  to  that  end  he  shall  keep  himself  informed  as  to  the  progress 
of  education  both  in  his  own  county  and  in  other  counties,  cities,  and 
States.  And  teachers,  principals  and  supervisors  shall  codperate  with 
him  in  putting  into  use  the  best  methods  of  instruction,  school  organiza¬ 
tion  and  school  government. 

C.  S.,  5432,  revised. 

Sec  105.  Must  -visit  schools.  The  county  superintendent  shall  be  re¬ 
quired  to  visit  each  public  school  of  his  county  at  least  twice  while  the 
schools  are  in  session.  He  shall  inspect  school  buildings  and  grounds,  in 


30 


Public  School  Law  of  North  Carolina 


order  to  advise  the  committeemen  and  county  boards  of  education  as  to  the 
physical  needs  of  the  school,  and  he  shall  inform  himself  of  the  condition 
and  needs  of  the  several  districts  of  his  county. 

C.  S.,  5434. 

Sec.  106.  Hold  teachers’  meetings.  The  county  superintendent  shall 
hold  each  year  such  teachers’  meetings  as  in  his  judgment  will  improve 
the  efficiency  of  the  instruction  in  school.  He  may,  with  the  cooperation 
of  the  supervisors  or  principals,  outline  reading  courses  for  teachers  and 
organize  the  teachers  into  special  study  groups,  and,  if  necessary,  not 
exceeding  three  school  days  may  be  set  apart  for  this  purpose. 

C.  S.,  5435,  revised. 

If  a  superintendent  shall  fail  to  advise  with  his  teachers  and  to  provide 
for  the  professional  growth  of  his  teachers  while  in  service,  the  State 
Superintendent  shall  notify  the  county  board  of  education,  and,  after  due 
notice,  if  he  shall  fail  to  perform  his  duties  in  this  respect,  either  the 
county  board  of  education  may  remove  him  from  office  or  the  State 
Board  of  Education  may  revoke  his  certificate. 

Sec.  107.  May  suspend  teachers.  The  county  superintendent  shall  have 
authority  to  suspend  any  teacher  who  shall  fail,  or  who  may  be  incom¬ 
petent,  to  give  instruction  in  accordance  with  the  directions  of  the  super¬ 
intendent,  or  who  shall  willfully  refuse  to  cooperate  in  teachers’  meetings: 
Provided,  any  teacher  who  may  be  suspended  by  the  superintendent  may 
have  the  right  to  appeal  either  to  the  county  board  of  education  or  to 

the  courts. 

C.  S.,  5432,  revised. 

Sec.  108.  Duty  of  teachers  to  cooperate.  (See  Section  165.) 

Sec.  109.  Director  of  summer  schools.  The  county  superintendent  shall 
have  general  direction  of  the  county  summer  school  for  teachers  of  his 
county:  Provided,  the  county  board  of  education,  upon  the'  recommendation 
of  the  State  Superintendent  of  Public  Instruction,  may  elect  a  special 
director  of  the  county  summer  school  and  provide  his  compensation  out 
of  funds  appropriated  for  summer  schools. 

Sec.  110.  Illegal  to  keep  in  service  a  teacher  without  a  certificate.  It 
shall  be  unlawful  for  any  board  of  trustees  or  school  committee  that  re¬ 
ceives  any  public  school  money  from  the  county,  State,  or  district,  to 
keep  in  service  any  teacher,  superintendent,  principal,  supervisor  or  as¬ 
sistant  superintendent  that  does  not  hold  a  certificate  in  compliance  with 
law. 

The  county,  city  or  union  school  superintendent  or  other  officials  are 
forbidden  to  approve  any  voucher  for  salary  of  any  person  employed  in 
violation  of  the  provisions  of  this  section,  and  the  treasurer  of  the  county, 
town,  or  city  schools,  is  hereby  forbidden  to  pay  out  of  the  school  fund 
the  salary  of  any  such  person:  Provided,  that  nothing  herein  shall  prevent 
the  employment  of  temporary  substitute  or  emergency  teachers  under 
such  rules  as  the  county  board  of  education  may  prescribe. 

O.  S.,  5656. 

Sec.  111.  Contracts  with  teachers.  No  contract  entered  into  between  a 
school  committee  or  board  of  trustees  and  a  teacher  shall  be  valid  until 


'County  Superintendent  :  Duty  to  Committeemen  and  Teachers  31 


the  contract  is  approved  and  signed  by  the  superintendent.  The  contract 
shall  show  the  salary  allowed  and  such  rules  and  regulations  governing 
teachers  in  school  as  the  county  board  of  education  or  board  of  trustees 
may  direct.  No  voucher  for  the  salary  of  a  teacher  shall  be  signed  by  the 
superintendent  unless  a  copy  of  the  contract  has  been  filed  with  him. 
Wherever  a  teacher  has  been  employed  under  contract  as  herein  provided, 
and  afterward  is  re-elected  to  the  same  or  similar  position  and  no  new 
contract  is  entered  into,  the  old  contract  shall  be  deemed  valid. 

C.  S.,  5664,  revised. 


Sec.  112.  How  teachers  shall  be  paid.  When  a  teacher  is  properly 
elected  and  contract  has  been  properly  signed  and  deposited  as  required 
by  law  vouchers  may  be  presented  each  school  month  to  the  county 
superintendent  signed  by  at  least  two  members  of  the  committee.  When 
presented  the  superintendent  shall  approve  the  same  by  countersigning 
it,  and  when  presented  to  the  treasurer  it  shall  be  promptly  paid,  and  it 
shall  be  the  duty  of  the  county  board  of  education  to  provide  the  funds 
for  the  prompt  payment  of  teachers’  salaries,  and  it  shall  be  the  duty  of 
the  county  board  of  education  to  provide  a  convenient  means  for  securing 
the  signature  of  the  members  of  the  committee  to  the  teachers’  vouchers. 

In  all  union  schools  the  principal  of  the  school  may  present  monthly 
pay  rolls  in  duplicate  of  all  teachers,  signed  by  two  members  of  the 
committee.  The  superintendent  may  countersign  the  pay  roll,  and  when 
presented  to  the  treasurer  he  shall  issue  a  check  on  the  county  fund  for 
the  salary  of  and  payable  to  each  teacher:  Provided,  the  county  superin¬ 
tendent  shall  keep  in  his  office  a  duplicate  of  the  pay  roll  approved  by 


him. 


C.  S.,  5664,  5669,  revised. 

Sec.  113.  When  a  superintendent  may  withhold  the  pay  of  teachers. 
The  county  superintendent  may  refuse  to  sign  the  salary  voucher  for  the 
pay  of  any  teacher,  supervisor  or  principal  who  delays  or  refuses  to 
render  such  reports  as  are  required  by  law.  But  whenever  the  reports  are 
delivered  in  accordance  with  law  the  vouchers  shall  be  signed  and  the 

teachers  paid. 


C.  S.,  5667,  revised. 

Sec.  114.  Schools  receiving  public  funds  required  to  report.  All  teachers 
and  principals  in  schools  under  the  control  of  the  county  board  of  edu¬ 
cation  shall  be  required  to  make  to  the  county  superintendent  such  re¬ 
ports  as  the  county  board  of  education  may  direct.  But  the  superintendent 
of  any  city  school  or  the  superintendent  or  principal  of  any  union  schoo 
in  a  special  charter  district  shall  make  such  reports  to  the  State  Super¬ 
intendent  of  Public  Instruction  as  are  required  by  him,  and  a  copy  of  a 
such  reports  shall  be  sent  to  the  county  superintendent. 

C.  S.,  5383,  revised. 

Sec.  115.  Recommend  classification  of  schools.  (See  Section  3o.) 

Sec.  116.  To  recommend  the  location  of  all  high  schools.  (See  Section  36.) 

Sec  117  To  report  defective  children. .  It  shall  be  the  duty  of  the  super¬ 
intendent  ‘to  report  through  proper  legal  channels  the  names  and  addresses 
of  parents,  guardians  or  custodians  of  deaf,  dumb,  blind,  and  feeble-minded 


32 


Public  School  Law  of  North  Carolina 


children  to  the  principal  of  the  institution  provided  for  each  and  upon 
the  failure  of  the  county  superintendent  to  make  such  reports,  he  shall 
be  fined  five  dollars  for  each  child  of  the  class  mentioned  above  not  so 
reported. 

C.  S.,  5567,  5571. 

Art.  9.  Duty  of  County  Superintendents  in  Regard  to 

School  Funds 

Sec.  118.  Duty  in  preparing  school  budgets.  The  county  superintendent 
shall  keep  the  records  of  his  office  in  such  detail  and  in  such  an  orderly  way 
that  the  information  for  the  budgets  required  by  law  may  be  prepared 
promptly,  and  he  shall  see  that  the  budgets  are  prepared  promptly  and 
accurately,  and  he  shall  so  keep  the  records  in  his  office  so  that  any  county 
official  or  citizen  of  the  county  may  see  what  the  school  in  each  district 
is  costing,  and  what  the  total  cost  is  'to  the  county.  It  shall  be  his  duty 
to  sign  all  budgets  and  to  take  oath  that  the  information  contained  therein 
is  correct. 

Sec.  119.  Duty  to  keep  complete  record  of  finances.  The  county  super¬ 
intendent  shall  keep  in  his  office  a  complete  record  of  the  school  finances 
of  the  county,  what  is  appropriated  to  each  district,  the  division  of  the 
funds  between  the  county  and  the  city,  the  amount  of  loans  from  State 
and  dates  of  payment,  the  amount  of  bond  issues  in  each  district,  the 
rate  of  interest,  date  of  payment,  and  he  shall  so  keep  his  records  that  the 
school  accounts  may  be  audited  with  the  least  expense  to  insure  a  com¬ 
plete  audit  in  accordance  with  law,  and  if  he  shall  fail  to  keep  the  records 
of  the  acts  of  the  county  board  of  education  so  that  they  may  be  audited 
in  accordance  with  law,  the  County  Board  of  Education  may  remove  him 
from  office. 

S.  10,  c.  146,  Laws  1921,  revised. 

Sec.  120.  Record  of  local  taxes.  The  county  superintendent  shall  keep 
in  his  office  a  record  of  all  local-tax,  special  charter  and  special  school 
taxing  districts  in  his  county,  the  boundaries  of  each,  the  number  of 
taxable  polls,  and  the  valuation  of  the  taxable  property  and  the  special 
tax  rate  voted  and  levied  for  schools.  On  or  before  September  first  of 
each  year  he  shall  supply  the  county  treasurer  with  a  complete  list  of 
all  such  districts,  and  the  estimated  amount  of  tax  to  be  collected  in  each 
district. 

The  treasurer  shall  keep  a  separate  account  of  each  such  district,  and 
no  part  of  any  funds  belonging  to  one  district  shall  be  used  for  any  other 
district,  or  for  any  other  purpose  than  to  meet  the  lawful  expenses  of  such 
district  to  which  the  funds  collected  belong.  And  no  funds  derived  from 
local  or  special  taxes  shall  be  paid  out  by  the  treasurer  except  on  properly 
executed  order  signed  by  the  county  superintendent,  and  if  the  treasurer 
shall  fail  to  perform  his  duties  as  outlined  in  this  section,  he  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  or  imprisoned 
in  the  discretion  of  the  court. 

S.  9,  c.  146,  Laws  1921. 


School  Committees:  In  Hon-Local  Tax  Districts  33 

Sec.  121.  Record  of  fines,  forfeitures,  and  penalties.  It  shall  be  the  duty 
of  the  county  superintendent  to  keep  a  record  of  all  fines,  forfeitures  and 
penalties  due  the  school  fund,  and  to  this  end  all  county  officials  that  in 
any  way  handle  such  funds  shall  on  demand  report  the  same  to  the  county 
superintendent;  and  he  shall  see  that  these  funds  are  deposited  with  the 
treasurer  and  placed  to  the  credit  of  the  school  fund. 

C.  S.,  5437,  5497,  revised. 

Sec.  122.  Disbursement  of  funds.  It  is  the  duty  of  the  county  super¬ 
intendent  to  approve  and  sign  all  vouchers  for  the  disbursement  of  all 
district  funds,  except  the  funds  belonging  to  special  charter  districts,  for 
the  payment  of  which  special  provisions  are  made  by  law.  And  the 
treasurer  shall  honor  no  voucher  that  is  not  first  approved  and  signed  by 
the  county  superintendent  or  the  secretary  of  the  board  of  education.  And 
no  order  shall  be  signed  by  the  county  superintendent  or  the  secretary 
of  the  board  for  more  money  than  is  apportioned  to  and  raised  by  local 
or  special  taxes  in  that  district  for  the  fiscal  year.  Nor  shall  he  endorse 
the  order  of  any  teacher  who  does  not  produce  a  certificate  as  required  by 
law,  nor  for  more  money  than  the  salary  schedule  in  force  in  the  county 
would  entitle  the  teacher  to  receive. 

It  shall  be  the  duty  of  the  county  superintendent  or  the  secretary  of  the 
board  to  sign  all  vouchers  issued  by  order  of  the  county  board  of  education 
and  signed  by  the  chairman  of  the  board,  and  no  voucher  shall  be  paid 
by  the  treasurer  that  is  not  properly  signed. 

0.  S.,  5450,  5466,  5656,  5669,  revised. 

PART  IV 

SCHOOL  COMMITTEES— THEIR  DUTIES  AHD  POWERS 

Art.  10.  In  Hon-Local  Tax  Districts 

Sec.  123.  Number  and  term  of  office.  There  shall  be  in  each  non-local 
tax  school  district  a  school  committee,  consisting  of  three  persons,  ap¬ 
pointed  by  the  county  board  of  education.  The  term  of  office  shall  be  three 
years  or  until  their  successors  are  elected  and  qualified,  and  the  members 
shall  be  so  elected  that  one  shall  retire  each  year. 

C.  S.,  5457,  5458,  revised. 

Sec.  124.  When  elected.  The  county  board  of  education  at  its  first 
meeting  in  April  of  each  year,  or  as  soon  thereafter  as  convenient,  shall 
appoint  one  member  of  the  school  committee  in  place  of  the  member  whose 
term  has  expired.  If  a  vacancy  shall  occur  at  any  time  by  death,  resig¬ 
nation,  or  otherwise,  the  county  board  shall  fill  such  vacancy. 

C.  S.,  5457,  5460,  revised. 

Sec.  125.  Eligibility.  Each  school  committeeman  shall  be  a  person  of 
intelligence,  of  good  moral  character,  and  of  good  business  qualifications, 
and  known  to  be  in  favor  of  public  education. 

C.  S.,  5461. 

In  all  Indian  schools  authorized  by  law  the  committeemen  may  be 
selected  from  Indians  residing  in  the  district. 

C.  S.,  5547. 

3 


34 


Public  School  Law  of  North  Carolina 


Sec.  126.  Oath  of  office.  Each  school  committeeman  before  entering 
on  the  duties  of  office  shall  take  oath  for  the  faithful  performance  thereof, 
and  this  oath  may  be  taken  before  the  county  superintendent. 

C.  S.,  5433,  5459. 

Sec.  127.  Dismissal  for  cause.  In  case  the  county  superintendent  shall 
have  evidence  at  any  time  that  any  member  of  any  school  committee 
is  not  capable  of  discharging  the  duties  of  his  office,  or  is  not  discharging 
his  duties,  he  shall  bring  the  matter  to  the  attention  of  the  county  board 
of  education,  which  shall  thoroughly  investigate  the  charges,  and  shall  re¬ 
move  such  committeeman  and  appoint  his  successor,  if  sufficient  evidence 
shall  be  produced  to  warrant  his  removal  and  the  best  interests  of  the 
schools  demand  it. 

0.  S.,  5414. 

Sec.  128.  Committeemen  cannot  teach.  No  person  while  serving  as  a 
member  of  any  district  committee  shall  be  eligible  to  be  elected  as  a 
teacher  of  any  public  school,  or  as  a  member  of  the  county  board  of  educa¬ 
tion,  and  should  such  person  be  elected  to  teach  in  any  public  school  or 
private  school  receiving  public  funds  or  as  a  member  of  the  county  board 
of  education  before  resigning,  as  a  member  of  the  district  committee,  said 
election  is  hereby  declared  null  and  void. 

C.  S.,  5663. 

Sec.  129.  Organization  of  committee.  The  school  committee,  at  their 
first  meeting  after  the  membership  has  been  completed  by  the  county 
board  of  education  shall  elect  from  their  number  a  chairman  and  secretary, 
and  shall  keep  a  record  of  their  proceedings  in  a  book  to  be  kept  for  that 
purpose.  The  name  and  address  of  the  chairman  and  secretary  shall  be 
reported  to  the  county  superintendent  and  recorded  by  him. 

C.  S.,  5463. 

Sec.  130.  How  to  employ  teachers.  The  school  committee  shall  have 
authority  to  employ  teachers  only  on  the  recommendation  of  the  county 
superintendent.  The  committee  shall  meet  at  a  convenient  time  and  place 
for  this  purpose,  and  no  teacher  shall  be  employed  by  any  committee  except 
at  regularly  called  meeting  of  such  committee.  No  election  of  any  teacher 
or  assistant  teacher  shall  be  deemed  valid  until  such  election  has  been 
approved  by  the  county  superintendent,  and  no  contract  for  teachers’ 
salaries  shall  be  made  during  any  year  to  extend  beyond  the  term  of 
office  of  a  majority  of  the  committee,  nor  for  more  money  than  accrues 
to  the  credit  of  the  district  for  the  fiscal  year  during  which  the  contract 
is  made. 

O.  S.,  5661,  5662,  5664,  5665,  revised. 

Sec.  131.  When  teachers  may  be  suspended.  The  school  committee  shall 
have  authority  to  suspend  or  dismiss  teachers  who  may  be  guilty  of  any 
immoral  or  disreputable  conduct  or  who  may  be  incompetent  to  discharge 
efficiently  the  duties  of  a  public  school  teacher  or  who  may  be  persistently 
neglectful  of  such  duties,  but  no  teacher  shall  be  dismissed  until  charges 
shall  have  been  filed  in  writing  with  the  county  superintendent.  And  the 
county  superintendent  shall  give  the  teacher  at  least  five  days  notice  in 
which  time  he  or  she  shall  have  the  opportunity  to  appear  before  the 
committee  of  the  district  in  which  the  teacher  is  teaching.  And  after  a 


School  Committees:  In  Hon-Local  Tax  Districts 


35 


full  and  fair  hearing  the  action  of  the  committee,  if  it  has  the  approval 
of  the  county  superintendent,  shall  he  final:  Provided,  the  teacher  shall 

be  given  the  right  to  appeal  to  the  county  board  of  education. 

C.  S.,  5432,  5661. 

Sec.  132.  Minimum  term  for  -which  teacher  can  be  paid.  The  committee 
shall  not  approve  the  voucher  of  a  teacher  for  compensation  for  a  shorter 
term  than  one  month,  unless  the  teacher  is  providentially  hindered  from 
completing  the  term. 

C.  S.,  5668. 

Sec.  133.  How  teacher  shall  be  paid.  In  paying  teachers  the  committee 
shall  give  an  order  on  the  treasurer  of  the  county  school  fund,  payable  to 
such  teacher,  for  the  full  amount  due  for  services  rendered.  Orders  on  the 
treasurer  shall  be  valid  when  signed  by  two  members  of  the  committee  and 
countersigned  by  the  county  superintendent. 

C.  S.,  5450,  5669. 

If  a  committeeman  shall  refuse  or  fail  to  sign  a  teacher’s  voucher  or 
order  for  salary  the  county  board  of  education,  for  good  and  sufficient 
reason,  may  order  the  voucher  paid,  and  the  treasurer  shall  honor  such  a 
voucher  if  it  is  signed  by  the  chairman  and  secretary  of  the  county  board 
of  education. 


Sec.  134.  Use  of  school  property.  (See  Section  71.) 


0.  S.,  5464,  revised. 

Sec.  135.  Power  to  contract  with  private  schools.  In  any  school  district 
where  there  may  be  a  private  school  regularly  conducted  for  at  least  six 
months  in  the  year,  unless  it  is  a  sectarian  or  denominational  school,  the 
school  committee  with  the  approval  of  the  County  Superintendent  may 
contract  with  the  teacher  of  such  private  school  to  give  instruction  to  all 
pupils  of  the  district  between  the  ages  of  six  and  twenty-one  years  in  the 
branches  of  learning  taught  in  the  public  schools,  as  prescribed  by  law, 
without  charge  to  pupils  and  free  of  tuition.  The  amount  paid  such  private 
school  for  each  pupil  in  the  public  school  branches,  based  on  the  average 
daily  attendance,  shall  not  exceed  the  regular  tuition  rates  in  such  school 


for  such  branches  of  study. 

0.  S.,  5610,  5615. 

Sec.  136.  Powers  as  to  school  property.  The  school  committee  shall  be 
entrusted  with  the  care  and  custody  of  all  schoolhouses,  schoolhouse  sites, 
grounds,  books,  apparatus,  or  other  school  property  in  the  district  with  full 
power  to  control  same  as  they  may  deem  best  for  the  interest  of  the  public 
schools  and  the  cause  of  education,  not  in  conflict  with  the  rules  and  reg¬ 
ulations  governing  school  property  adopted  by  the  county  board  of  educa¬ 
tion-  Provided,  if  the  committee  is  unable  or  shall  fail  to  take  due  care 
of  the  schoolhouse  and  to  protect  all  property  belonging  to  it,  the  county 
board  of  education  may  designate  some  responsible  citizen  of  the  district 
to  have  special  charge  of  the  property  during  vacation. 

C.  S.,  5464,  revised. 

See  137.  Powers  as  to  purchase  of  supplies.  The  committee  shall  have 
authority  to  purchase  the  supplies  necessary  for  conducting  the  schools 
and  for  repairs,  to  an  amount  not  to  exceed  in  the  aggregate  the  sum 


36 


Public  School  Law  of  ]STorth  Carolina 


apportioned  for  this  purpose  by  the  county  board  of  education  in  any  one 
year.  But  nothing  in  this  section  shall  be  so  construed  as  to  give  school 
committees  the  right  to  make  expenditures  without  the  order  of  the  county 
board. 

C.  S.,  5466. 

Sec.  138  Reports  to  board  on  schoolhonses  and  school  property.  The 
school  committee  shall  make  such  reports  to  the  county  board  of  education 
as  the  board  may  deem  necessary. 

C.  S.,  5468,  revised. 

Sec.  139.  Superintendent  and  committee  keep  records  of  receipts,  ex¬ 
penditures  and  contracts.  The  county  superintendent  shall  keep  by  districts 
an  itemized  statement  of  all  moneys  apportioned  to  such  district,  the 
amount  received  and  expended  by  each  committee  for  each  school,  and  a 
copy  of  all  contracts  made  by  them  with  teachers.  It  is  the  duty  also  of 
the  committee  to  keep  up  with  the  funds  of  the  district.  It  should  know 
what  the  budget  for  the  district  contains,  in  order  to  know  how  much 
money  is  availablei  and  how  it  is  spent.  It  is  their  duty  to  know  the  salary 
schedule  and  the  limitations  placed  on  committeemen  in  making  contracts 
with  teachers.  It  is  illegal  for  committeemen  to  employ  teachers  at  a 
salary  higher  than  that  contained  in  the  authorized  salary  schedule. 
Therefore,  when  the  May  budget  is  submitted  it  is  the  duty  of  each  com¬ 
mitteeman  to  examine  it  carefully  to  see  how  much  money  is  allowed  for 
teachers’  salaries,  and  how  many  and  what  grade  of  teachers  may  be 
employed  with  the  money  allowed  in  the  budget. 

C.  S.,  5438,  5467,  5664,  revised. 

Sec.  140.  Disbursements  of  district  funds.  Every  order  for  the  payment 
of  money  for  repairs,  school  furnishing,  supplies,  or  for  any  purpose  what¬ 
soever,  the  contract  or  order  for  which  having  been  given  by  the  school 
committee,  before  it  shall  be  a  valid  voucher  for  the  county  treasurer, 
shall  be  signed  first  by  at  least  two  members  of  the  school  committee,  then 
by  the  county  superintendent. 

C.  S.,  5450. 

Sec.  141.  To  care  for  the  sanitation  of  the  school  grounds.  The  district 
committeemen  are  hereby  required  to  keep  the  school  privies  in  a  sanitary 
condition,  and  the  committee  shall  be  governed  in  this  particular  by  rules 
and  regulations  prepared  by  the  State  Board  of  Health  with  the  approval 
of  the  State  Superintendent  of  Public  Instruction. 

Failure  of  the  committeemen  to  keep  privies  at  public  schoolhouses  in 
proper  sanitary  condition  or  a  failure  to  notify  the  county  board  of  edu¬ 
cation  of  their  insanitary  condition  shall  be  considered  a  misdemeanor 
and  shall  subject  them  severally  and  personally  to  fine  and  imprisonment, 
or  both,  in  the  discretion  of  the  court. 

C.  S.,  5757,  revised. 

Sec.  142.  To  provide  good  water  supply.  It  is  the  duty  of  the  school 
committeemen  to  see  that  the  schools  have  good  water  supply,  and  wherever 
a  school  is  without  a  good  water  supply  it  is  the  duty  of  the  committee 
to  report  the  condition  to  the  county  superintendent  before,  and  even  after 
the  opening  of  school,  and  it  shall  be  the  duty  of  the  county  superintendent 
to  present  the  need  to  the  county  board  of  education,  and  it  shall  be  the 


School  Committees  :  In  Local  Tax  Districts  37 

duty  of  the  county  board  of  education  to  make  such  provision  as  will  give 
the  teachers  and  children  a  good  supply  of  wholesome  water. 

Sec.  143.  To  obey  tlie  orders  of  sanitary  committee  or  board  of  health. 
It  shall  be  the  duty  of  the  teachers,  principals,  superintendent,  committee, 
and  all  other  governing  hoards  having  authority  over  the  maintenance, 
support  and  conduct  of  a  public  school  to  obey  the  rules  and  regulations 
of  the  sanitary  committee  or  hoard  of  health  for  the  protection  of  health 
in  the  district. 

Art.  11.  Duties  and  Powers  of  Committeemen  in 

Local  Tax  Districts 

Sec.  144.  How  elected.  Committeemen  in  local  tax  districts  created  by 
and  under  the  control  of  the  county  board  of  education,  shall  be  elected  by 
the  county  board  of  education,  and  they  shall  be  subject  to  the  same 
laws  and  the  same  rules  and  regulations  of  the  county  board  of  education 
as  those  governing  the  acts  of  the  committeemen  in  non-local  tax  districts, 
and  they  shall  be  subject  to  such  other  laws  as  may  hereafter  be  provided. 

0.  S.,  5514,  5536;  revised. 

Sec.  145.  Number  of  committeemen  in  local  tax  districts.  The  county 
board  of  education  may  in  its  discretion  elect  not  less  than  three  nor  more 
than  five  members  to  serve  as  committeemen  in  local  tax  districts.  The 
term  of  office  of  each  shall  be  for  three  years,  but  shall  be  so  arranged 
that  a  majority  of  the  board  shall  not  retire  in  any  one  year,  except  as  a 
result  of  death,  resignation,  or  removal  for  cause. 

0.  S.,  5514,  5536,  revised. 

Sec.  146.  Joint  employment  of  superintendent  or  principal  by  districts 
in  cities  and  towns.  By  and  with  the  consent  of  the  county  board  of  edu¬ 
cation,  the  governing  board  of  two  or  more  local  tax  or  special  charter 
districts,  including  any  city  or  town,  may,  by  a  majority  vote  of  the  com¬ 
mittee  in  each  district,  employ  a  superintendent  of  the  public  schools  of 
such  districts  and  he  shall  perform  all  the  duties  of  the  county  superin¬ 
tendent  of  public  instruction  as  to  such  districts,  and  shall  make  to  the 
county  superintendent  all  reports  that  may  be  necessary  to  enable  him 
to  make  his  reports  to  the  State  Superintendent:  Provided ,  the  teacher 
so  employed  shall  hold  or  shall  be  entitled  to  hold  a  superintendent  s  cer¬ 
tificate,  and  Provided  further,  the  combined  schools  under  the  jurisdiction 
of  the  superintendent  employed  shall  be  large  enough  to  rank  as  a  city 
school  or  a  union  school  of  sufficient  size  to  entitle  the  authorities  to 
employ  a  superintendent.  If  the  two  districts  do  not  employ  as  many  as 
twenty  teachers,  a  principal  may  be  employed  in  the  same  manner  pro¬ 
vided  in  this  section  for  the  employment  of  a  superintendent. 

0.  S.,  5431,  revised. 

Sec.  147.  Money  derived  from  local  taxes.  All  moneys  derived  from 
local  taxes  shall,  upon  collection,  be  placed  to  the  credit  of  the  committee 

of  the  district. 

The  county  superintendent  shall  keep  in  his  office  a  record  of  all  local 
tax  school  districts  in  his  county,  the  boundaries  of  each,  the  number  of 
taxable  polls,  and  the  valuation  of  the  taxable  property  and  the  special 


38 


Public  School  Law  of  North  Carolina 


taxi  rate  voted  and  levied  for  schools.  On  or  before  September  first  of  each 
year  he  shall  supply  the  committee  of  the  district  with  the  estimated  amount 
of  taxes  to  be  collected  in  the  district,  and  the  balance  or  deficit  from 
the  preceding  year. 

The  treasurer  shall  keep  a  separate  account  of  each  such  district,  and 
no  part  of  any  funds  belonging  to  the  district  shall  be  used  for  any  other 
district  or  for  any  other  purpose  than  to  meet  the  lawful  expenses  of  the 
local  tax  district  to  which  the  funds  collected  belong.  And  no  local  tax 
district  funds  shall  be  paid  out  by  the  treasurer  except  on  properly  exe¬ 
cuted  order  signed  by  the  committee  and  the  county  superintendent,  and  if 
the  treasurer  shall  fail  to  perform  his  duties  as  outlined  in  this  section, 
he  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  or 
imprisoned  in  the  discretion  of  the  court. 

C.  S.,  5449,  5514,  5536,  revised. 

Sec.  148.  Duty  of  sheriff  or  tax  collector.  It  shall  be  the  duty  of  the 
sheriff  or  the  tax  collector  in  collecting  the  taxes  of  local  tax  districts  to 
keep  the  funds  of  each  district  separate  from  all  other  funds,  and  when 
public  school  funds  are  deposited  with  the  treasurer,  the  sheriff  or  tax 
collector  shall  specify  which  funds  belong  to  local  tax  districts  and  to 
what  district  the  local  tax  funds  belong. 

Sec.  149.  Credits  on  tuition  to  non-residents  whose  children  attend  in 
district.  (See  Section  241.) 

C.  S.,  5477. 

Sec.  150.  How  special  tax  funds  are  paid  out.  Orders  on  the  treasurer 
shall  be  valid  when  signed  by  two  members  of  the  committee  and  counter¬ 
signed  by  the  county  superintendent.  It  shall  be  illegal  for  the  county 
superintendent  or  the  county  board  of  education  to  use  any  of  the  local 
tax  funds  for  any  purpose  except  for  the  support,  maintenance,  and  per¬ 
manent  improvement  of  the  school  within  the  district  in  which  the  tax 
is  collected. 

C.  S.,  5536,  5669,  revised. 

Sec.  151.  How  to  enlarge  local  tax  districts.  (See  Section  226.) 

Sec.  152.  How  to  determine  the  rate  of  local  tax  to  be  levied  in  a  dis¬ 
trict.  It  is  the  duty  of  the  committee  to  advise  with  the  county  board  of 
education  as  to  the  rate  of  local  taxes  to  be  levied  in  the  district,  and  upon 
a  petition  signed  by  a  majority  of  the  school  committee  of  any  local  tax 
district  and  approved  by  the  county  board  of  education,  the  board  of  county 
commissioners  shall  increase  or  reduce  according  to  the  desires  of  the 
petitioners  the  tax  levy  in  said  local  tax  district  or  special  charter  dis¬ 
trict:  Provided,  the  rate  shall  not  be  increased  beyond  the  maximum  rate 
voted  by  the  people,  nor  shall  it  be  reduced  below  the  minimum  rate 
voted. 

S.  11,  c.  146,  Laws  1921,  revised. 

Sec.  153.  Committee  may  provide  for  transportation  of  pupils.  Upon 
the  consolidation  of  two  or  more  local  tax  districts,  the  county  board  of 
education  has  the  authority  to  provide  transportation  for  six  months  out 
of  the  general  county  fund.  The  cost  of  transportation  for  the  remainder 


School  Committees  :  In  Local  Tax  Districts  39 

of  the  term  shall  be  paid  out  of  the  local  tax  funds:  Provided,  the  trucks 
may  be  owned  and  controlled  by  the  county  board  of  education. 

C.  S.,  5475  as  amended  and  revised. 

Sec.  154.  Kent,  loan  or  sell  school  books.  (See  Sections  340,  341,  342.) 

Sec.  155.  Supply  books  for  indigent  children.  (See  Section  343.) 

Sec.  156.  Loans  to  districts  for  building  schoolhouses.  The  county 
board  of  education  may  make  loans  for  the  erection  of  schoolhouses  to 
local  tax,  special  charter  or  special  school  taxing  districts,  but  all  such 
loans  shall  be  made  upon  the  written  petition  of  a  majority  of  the  com¬ 
mittee  of  the  local  tax  or  board  of  trustees  of  special  charter  district,  and 
said  petition  shall  authorize  the  county  board  of  education  to  deduct  a 
sufficient  amount  from  the  local  taxes  or  the  county  fund  due  said  district 
to  meet  the  payments  as  they  come  due.  If  the  loan  is  made  without  a 
written  petition  from  the  committee  or  the  board  of  trustees,  the  county 
board  of  education  shall  have  no  lien  upon  the  local  taxes  for  the  repay¬ 
ment  of  the  loan. 

0.  S.,  5675,  amended;  s.  9,  c.  147.  Laws  1921;  s.  9,  c.  91,  Laws  Extra  Session,  1920. 

Sec.  157.  How  a  special  charter  district  may  become  a  local  tax  district. 

The  authorities  of  a  special  charter  district  may  have  the  charter  re¬ 
pealed,  and  the  district  may  become  a  local  tax  district  in  the  following 
manner:  The  board  of  trustees  of  a  special  charter  school  may  petition 
the  county  board  of  education  to  assume  full  jurisdiction  of  the  special 
charter  district,  and  the  county  board  of  education  shall  grant  the  petition. 
Thereupon,  the  board  of  trustees  of  the  special  charter  school  shall  convey 
by  deed  the  title  to  all  school  property  of  whatsoever  kind  to  the  county 
board  of  education.  When  the  deed  is  recorded  in  the  name  of  the  county 
board  of  education,  the  special  charter  is  hereby  repealed,  and  the  special 
charter  district  by  that  act  shall  become  a  local  tax  district,  and  shall 
be  governed  as  all  other  local  tax  districts  are  governed.  The  term  of 
office  of  each  member  of  the  board  of  trustees  of  the  special  charter  school 
shall  expire  with  the  transfer  of  the  property,  and  a  district  committee 
shall  be  elected  in  accordance  with  law  by  the  county  board  of  education. 

If  the  board  of  trustees  of  the  special  charter  district  shall  refuse  to 
act,  then  one-fourth  of  the  freeholders  of  a  special  charter  district  may 
petition  the  county  board  of  education  for  an  election  to  ascertain  the 
will  of  the  people  on  the  question  of  repealing  the  charter  and  becoming: 
a  local  tax  district.  If  the  county  board  of  education  shall  approve  the 
petition,  it  shall  be  presented  to  the  board  of  county  commissioners,  which 
shall  call  an  election  of  the  voters  in  the  special  charter  district.  The 
laws  governing  this  election  shall  be  the  same  as  the  laws  governing  a 
local  tax  election.  Those  in  favor  of  repealing  the  charter  shall  vote  a 
ballot  “For  repeal  of  charter,”  and  those  against  repeal  shall  vote  a  ballot 
“Against  repeal  of  charter.”  If  a  majority  of  the  votes  cast  shall  be  in 
favor  of  repeal,  the  district  shall  become  a  local  tax  district,  and  the 
property  shall  be  transferred  by  the  board  of  trustees  to  the  county  board 

of  education. 

The  provisions  of  this  section  shall  in  no  wise  affect  the  authority  to 
levy  local  taxes  theretofore  voted  by  the  people  of  the  district,  but  the  same 


40 


Public  School  Law  of  North  Carolina 


shall  remain  in  full  force  and  effect,  notwithstanding  the  repeal  of  the 
charter.  Nor  shall  the  provisions  of  this  section  affect  the  validity  of 
the  bonded  indebtedness  of  any  special  charter  or  incorporated  district. 
The  same  shall  be  and  remain  a  charge  upon  all  the  taxable  property  of  said 
district  in  as  full  and  ample  manner  as  it  was  before  the  repeal  of  the 
charter. 

PART  V 

TEACHERS  AND  PRINCIPALS 

Art.  12.  Their  Powers,  Duties  and  Responsibilities 

Sec.  158.  Required  to  hold  certificates.  All  teachers  and  principals  em¬ 
ployed  in  the  public  schools  of  the  State  or  in  schools  receiving  public 
funds  for  the  maintenance  of  a  six  months  school  term  shall  be  required 
to  hold  certificates  in  accordance  with  law,  and  no  contract  for  the  em¬ 
ployment  of  teacher  or  principal  is  valid  until  the  certificate  is  secured. 

Sec.  159.  Health  certificates  required  for  teachers.  Any  person  serving 
as  county  superintendent,  city  superintendent,  teacher,  janitor,  or  any  other 
employee  in  the  public  schools  of  the  State  shall  file  in  the  office  of  super¬ 
intendent  each  year,  before  assuming  his  or  her  duties,  a  certificate  from 
the  county  physician,  or  other  reputable  physician  of  the  county,  certifying 
that  the  said  person  has  not  an  open  or  active  infectious  state  of  tubercu¬ 
losis,  or  any  other  contagious  disease. 

The  county  physician  shall  make  the  aforesaid  certificate  on  a  form 
supplied  by  the  State  Superintendent  of  Public  Instruction,  and  without 
charge  to  the  person  applying  for  the  certification,!  and  any  person  violating 
any  of  the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor  and 
subject  to  a  fine  or  imprisonment  in  the  discretion,  of  the  court. 

0.  S.,  5659;  s.  17,  c.  179,  Laws  1921,  revised. 

Sec.  160.  How  to  apply  for  a  position.  It  is  the  duty  of  teachers,  in 
making  application  for  a  position  to  teach,  first  to  file  the  application  with 
the  superintendent,  stating  the  kind  and  the  number  of  certificate  held, 
when  the  certificate  expires,  experience  in  teaching,  the  position  last  held, 
and  a  statement  that  the  applicant  has  no  contagious  disease.  The  appli¬ 
cant  should  also  state  that  the  applicant,  if  elected,  will  not  break  the 
contract  without  approval  of  the  superintendent  who  approved  the  con¬ 
tract,  without  giving  at  least  thirty  days  notice,  and  that  he  or  she  will 
observe  the  rules  and  regulations  adopted  by  the  board  of  trustees  or  the 
county  board  of  education  under  whose  jurisdiction  he  or  she  is  employed 
to  teach. 

Sec.  161.  When  a  teacher  may  annul  a  contract.  The  teacher  may,  after 
entering  into  a  written  contract,  annul  the  contract  by  giving  the  super¬ 
intendent  a  written  notice  of  at  least  thirty  days,  and  the  superinendent 
shall  pay  for  the  full  time  the  teacher  has  taught,  provided  the  teacher 
has  taught  as  much  as  twenty  days.  But  if  the  teacher  breaks  the  contract 
without  giving  thirty  days  notice,  it  shall  be  the  duty  of  the  superintendent 
to  report  the  name  of  the  teacher  to  the  State  Superintendent  and  the 
certificate  held  may  either  be  revoked  or  reduced  to  the  next  lower  grade 


Teachers  and  Principals:  Powers;  Duties 


41 


And  no  other  superintendent  shall  employ  or  recommend  for  employment 
in  any  year  a  teacher  who  has  broken  his  or  her  contract  for  that  year. 
This  section  shall  also  apply  alike  to  principals  and  supervisors. 


Sec.  162.  How  teachers  are  selected.  All  teachers  shall  be  employed 
by  the  committee  or  the  board  of  trustees  of  the  district  in  which  they  are 
to  teach,  but  no  election  is  valid  in  any  district  without  the  approval  of 
the  superintendent.  The  election  by  the  committee  or  board  of  trustees 
shall  be  at  a  regular  meeting  of  the  committee  or  board  of  trustees  called 
for  that  purpose,  and  when  elected  the  committee  or  board  of  trustees  shall 
enter  into  a  written  contract  with  the  teacher  for  the  ensuing  year.  When 
the  contract  is  signed  by  the  superintendent  on  the  recommendation  of  the 
committee  or  board  of  trustees,  it  is  a  valid  contract  and  the  teacher  is 
properly  elected.  But  no  teacher  under  eighteen  years  of  age  shall  be 
eligible  for  election,  and  no  teacher  who  has  willfully  broken  her  written 
contract  can  again  legally  be  elected  for  that  year. 

0.  S.,  5645,  5661,  5662,  5664,  revised. 

Sec.  163.  How  teachers  may  he  dismissed.  The  school  committee  or 
board  of  trustees,  with  the  approval  of  the  superintendent,  may  dismiss  a 
teacher  for  immoral  or  disreputable  conduct  in  the  community,  or  for 
failure  to  comply  with  the  provisions  of  the  contract.  The  superintendent, 
with  the  approval  of  the  committee  or  the  board  of  trustees,  has  authority, 
and  it  is  his  duty,  to  dismiss  a  teacher  who  may  prove  himself  or  herself 
incompetent  or  may  willfully  refuse  to  discharge  the  duties  of  a  public 
school  teacher,  or  who  may  be  persistently  neglectful  of  such  duties. 
Every  teacher  dismissed  for  cause  shall  be  reported  by  the  superintendent 
to  the  State  Superintendent,  and  he  shall  have  authority  to  revoke  the 
certificate  and  debar  the  teacher  from  teaching  in  any  other  county. 

C.  S.,  5432,  5661,  revised. 

Sec.  164.  The  salaries  of  teachers.  The  salaries  of  all  teachers  employed 
in  a  county  shall  be  fixed  by  the  county  board  of  education  on  the  recom¬ 
mendation  of  the  county  superintendent,  unless  the  General  Assembly  has 
given  special  authority  to  some  other  board  to  fix  the  salaries  of  teachers 
in  special  charter  districts.  But  the  salary  fixed  for  all  teachers  must  be 
in  accord  with  the  authorized  salary  schedule. 


Sec.  165.  Duties  of  teachers.  It  shall  be  the  duty  of  all  teachers  to 
maintain  good  order  and  discipline  in  their  respective  schools;  to  encourage 
temperance,  morality,  industry,  and  neatness;  to  promote  the  health  of 
all  pupils,  especially  of  the  children  in  the  first  three  grades,  by  providing 
frequent  periods  of  recreation;  to  supervise  the  play  activities  during 
recess  and  to  encourage  wholesome  exercise  for  all  children;  to  teach 
as  thoroughly  as  they  are  able  all  branches  which  they  are  required  to 
teach;  to  provide  for  singing  in  school,  and  so  far  as  possible  to  give 
instruction  in  public  school  music;  to  ascertain  the  cause  for  non- 
attendance  of  pupils,  and  report  all  violators  of  the  compulsory  school 
law  to  the  attendance  officer  in  accordance  with  the  rules  governing  at¬ 
tendance  and  reports;  and  to  enter  actively  into  the  plans  of  the  county 
superintendent  for  the  professional  growth  of  the  teachers  of  the  county. 

0.  S.,  5666,  revised. 


42 


Public  School  Law  of  North  Carolina 


Sec.  166.  Power  to  suspend  or  dismiss  pupils.  A  teacher  in  a  school 
having  no  principal,  or  the  principal  of  a  school,  shall  have  authority  to 
suspend  any  pupil  who  willfully  and  persistently  violates  the  rules  of  the 
school  or  who  may  be  guilty  of  immoral  or  disreputable  conduct,  or  who 
may  be  a  menace  to  the  school.  But  every  suspension  for  cause  shall  be 
reported  at  once  to  the  attendance  officer,  who  shall  investigate  the  cause 
and  shall  deal  with  the  offender  in  accordance  with  rules  governing  the 
attendance  of  children  in  school. 

C.  S.,  5666,  revised. 

Sec.  167.  Duty  to  make  reports  to  superintendent.  Every  teacher  or 
principal  of  a  school  under  the  jurisdiction  of  the  county  board  receiving 
aid  from  the  public  school  fund  shall  be  required  to  make  such  reports  as 
are  required  by  the  county  board  of  education,  and  the  county  superinten¬ 
dent  shall  not  approve  the  voucher  for  the  pay  of  teachers  at  the  end  of 
each  month  until  the  monthly  reports  required  are  made  and  at  the  end 
of  the  year  until  the  final  reports  are  made:  Provided,  the  county  superin¬ 
tendent  may  require  teachers  to  make  reports  to  principals,  and  principals 
to  make  reports  to  the  superintendent. 

G.  S.,  5667,  revised. 

Sec.  168.  The  care  of  the  school  building.  It  is  the  duty  of  the  teachers 
and  principals  in  charge  of  school  buildings  to  instruct  the  children  in  the 
proper  care  of  public  property,  and  it  is  their  duty  to  exercise  due  care 
in  the  protection  of  school  property  against  damage,  either  by  defacement 
of  the  walls  and  doors  or  breakage  on  the  part  of  the  pupils,  and  if  they 
shall  fail  to  exercise  a  reasonable  care  in  the  protection  of  property  during 
the  school  day,  they  may  be  held  financially  responsible  for  all  such  damage, 
and  if  the  damage  is  due  to  carelessness  or  negligence  on  the  part  of  the 
teachers  or  principal,  the  superintendent  may  hold  those  in  charge  of  the 
building  responsible  for  the  damage,  and  if  it  is  not  repaired  before  the 
close  of  the  term  a  sufficient  amount  may  be  deducted  from  their  final 
vouchers  to  repair  the  damage  for  which  they  are  responsible  under  the 
provisions  of  this  section.  If  any  child  in  school  shall  carelessly  or  will¬ 
fully  damage  school  property,  the  teacher  shall  report  the  damage  to  the 
parent,  and  if  he  refuses  to  repair  the  same,  the  teacher  shall  report  the 
offense  to  the  superintendent  of  public  welfare. 

Sec.  169.  No  teacher  can  serve  as  committeeman,  member  of  county 
board  or  county  superintendent.  No  person  while  actively  engaged  in  teach¬ 
ing  in  the  public  schools  or  in  a  private  school  which  receives  money  from 
the  county  school  fund  shall  be  permitted  to  serve  as  a  member  of  the 
county  board  of  education  or  as  a  member  of  the  school  committee,  nor  shall 
a  teacher  be  allowed  to  teach  school  and  at  the  same  time  serve  as  county 
superintendent. 

C.  S.,  5409,  revised. 

Sec.  170.  Teachers  to  make  physical  examination  of  children.  Upon 
receipt  of  instructions,  rules,  and  regulations  from  the  State  Board  of 
Health  and  from  the  State  Superintendent  of  Public  Instruction,  it  shall 
be  the  duty  of  every  teacher  in  the  public  schools  to  make  a  physical 
examination  of  every  child  attending  the  school,  and  enter  on  cards  and 


Revenue:  How  to  Estimate  Amount  Heeded 


43 


official  forms  furnished  by  the  State  Board  of  Health  a  record  of  such 
examinations.  The  examination  shall  he  made  at  the  time  directed  by  the 
State  Board  of  Health  and  the  State  Superintendent  of  Public  Instruction, 
but  every  child  shall  be  examined  at  least  once  every  three  years.  The 
State  Board  of  Health  and  the  State  Superintendent  of  Public  Instruction 
shall  so  arrange  the  work  as  to  cover  the  entire  State  once  every  three 
years. 

The  teacher  or  principal  shall  transmit  the  record  cards  and  other  blank 
forms  made  by  him  or  her  to  the  North  Carolina  State  Board  of  Health, 
and  if  any  teacher  or  principal  fails  within  sixty  days,  after  receiving  the 
aforesaid  forms  and  requests  for  examination  and  report,  to  make  such 
examination  and  report  as  herein  provided,  the  teacher  or  principal  shall 
be  guilty  of  a  misdemeanor  and  subject  to  a  fine  of  not  less  than  ten 
dollars  nor  more  than  fifty  dollars,  or  imprisonment  at  the  discretion  of 

the  court. 

C.  S.,  5748,  5749. 

Sec.  171.  Principal  of  a  union  school.  The  principal  of  a  union  school 
shall  be  the  executive  officer  of  the  school,  and  all  teachers  in  both  the 
high  school  and  in  the  elementary  school  departments  shall  be  responsible 
to  the  principal.  He  shall  have  authority,  subject  to  the  approval  of  the 
county  superintendent,  to  grade  and  classify  the  pupils,  outline  study 
courses  for  teachers,  and  exercise  discipline  over  the  pupils  of  the  school. 
He  shall  make  all  reports  to  the  county  superintendent,  and  give  sugges¬ 
tions  to  teachers  for  the  improvement  of  instruction  in  school.  And  it 
shall  be  the  duty  of  each  teacher  in  a  union  school  to  cooperate  with  the 
principal  in  every  way  possible  to  promote  good  teaching  in  the  school 
and  a  progressive  community  spirit  among  its  patrons. 


PART  VI 

REVENUE  EOR  THE  PUBLIC  SCHOOLS 


Art.  13.  How  to  Estimate  Amount  Necessary  for 

Six  Months  Term 


Sec.  172.  Duty  of  county  board  of  education  and  county  commissioners. 
It  shall  be  the  duty  of  the  county  board  of  education  of  each  county  to 
make  a  fair  estimate  in  accordance  with  law  of  the  amount  necessary  to 
provide  a  six  months  school  term,  and  it  shall  be  the  duty  of  the  county 
commissioners  of  each  county  to  determine  and  provide  the  amount  neces¬ 
sary  to  maintain  the  schools  six  months  in  accordance  with  law.  And 
either  the  members  of  the  county  board  of  education  or  the  members  of 
the  board  of  county  commissioners  failing  to  perform  their  respective 
duties  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined 
or  imprisoned  in  the  discretion  of  the  court. 


Sec  173  The  equalizing  fund.  There  is  hereby  appropriated  annually 
from  the  State  public  school  fund,  as  may  be  otherwise  provided  by  law, 
an  amount  sufficient  to  equalize  as  near  as  may  be  the  financial  burden 
of  supporting  a  six  months  school  term  in  the  several  counties  of  the  State. 
This  fund  shall  be  designated  “The  State  Equalizing  Fund/'  which  shall  be 


44 


Public  School  Law  of  North  Carolina 


apportioned  by  the  State  Board  of  Education  to  counties  needing  aid  in  such 
a  way  as  to  encourage  the  counties  receiving  aid  to  improve  their  schools 
by  securing  efficient  organization,  administration,  supervision,  and  well 
trained  teachers. 

Sec.  174.  The  May  budget.  The  county  board  of  education  shall  fix  a 
date  during  the  month  of  May  when  the  school  budget  for  all  the  schools 
of  the  county  for  the  next  ensuing  year  shall  be  prepared.  The  county 
board  of  education  shall  notify  the  board  or  boards  of  trustees  of  the 
special  charter  districts  to  prepare  their  budgets  for  the  six  months  school 
term  and  present  the  same  at  the  time  fixed  by  the  county  board  of  educa¬ 
tion  for  preparing  the  May  budget.  Said  board  shall  also  notify  the 
chairman  of  the  board  of  county  commissioners  at  least  twenty  days  be¬ 
fore  the  date  of  meeting  that  the  school  budget  for  the  next  ensuing  year 
is  to  be  prepared  and  that  the  board  of  county  commissioners  or  a  repre¬ 
sentative  selected  by  the  commissioners  is  required  by  law  to  be  present 
and  sit  with  the  county  board  of  education  when  the  May  budget  is  pre¬ 
pared.  But  if  the  board  of  county  commissioners  or  its  representative 
shall  fail  to  attend  said  meeting  after  being  duly  notified,  the  county  board 
of  education  shall  have  authority  to  proceed  and  prepare  the  budget  in 
accordance  with  the  provisions  of  this  article. 

If  for  good  and  sufficient  reason  the  budget  is  not  completed  at  the  time 
appointed  by  the  county  board  for  preparing  the  May  budget,  said  board 
may  appoint  a  later  date  and  notify  the  board  or  boards  of  trustees  and 
the  county  commissioners  of  the  later  date  selected.  The  budget  shall  be 
prepared  by  the  county  board  of  education  on  blanks  provided  for  that 
purpose,  and  it  shall  set  forth  the  total  estimated  cost  of  maintaining  all 
the  schools  of  the  county  for  six  months,  including  the  ’special  charter 
districts,  and  it  shall  be  subscribed  and  sworn  to  by  the  chairman  and 
secretary  of  the  county  board  of  education  and  presented  to  the  board  of 
county  commissioners  on  or  before  the  first  Monday  in  June. 

Sec.  175.  The  contents  of  the  May  budget.  The  May  budget  prepared 
by  the  county  board  of  education  shall  provide  three  separate  school 
funds — (a)  a  salary  fund,  (b)  an  operating  and  equipment  fund,  and  (c)  a 
fund  for  the  repayment  of  all  notes,  loans  and  bonds. 

(a)  The  salary  fund  shall  include  the  salaries  of  all  superintendents, 
principals,  supervisors,  teachers  of  all  sorts,  the  per  diem  of  the  county 
board  of  education,  and  the  salaries  of  all  other  officials  authorized  by  law. 

(b)  The  operating  and  equipment  fund  shall  provide  for  janitors,  fuel, 
school  supplies,  insurance,  rent,  interest  not  otherwise  provided  for,  travel¬ 
ing  expenses  of  all  school  officials,  transportation  of  pupils,  all  legal  operat¬ 
ing  expenses,  all  necessary  assistance  to  the  county  superintendent  not 
provided  in  the  salary  fund,  all  needed  repairs,  sites,  the  erection  of  school 
buildings,  including  dormitories,  teachers’  homes,  additions  to  buildings, 
and  all  other  equipment  authorized  or  required  by  law. 

(c)  A  fund  for  the  repayment  of  all  loans  due  the  State  and  of  all 
interest  and  installments  on  bonds  and  other  evidences  of  indebtedness 
shall  be  provided  in  the  budget.  This  shall  be  a  separate  fund  and  shall 
include  all  interest  and  installments  due  each  year. 


"Revenue:  How  to  Estimate  Amount  Heeded  45 

Sec.  176.  How  to  estimate  tlie  salary  fund.  It  shall  be  the  duty  of  the 
county  board  of  education,  in  estimating  the  amount  of  the  salary  fund 
for  the  ensuing  year  in  the  May  budget,  to  set  forth  on  blanks  supplied 
by  the  State  Superintendent  of  Public  Instruction,  the  actual  salary  paid 
each  teacher  in  each  district  for  the  previous  year,  the  proposed  salaries 
for  the  ensuing  year,,  and  the  number  of  additional  teachers  needed  in  each 
school.  It  shall  also  exhibit  the  grade  of  certificate  held  by  each  teacher, 
the  average  attendance  of  pupils  in  each  district  for  the  previous  year, 
and  such  other  information  as  the  State  Superintendent  of  Public  In¬ 
struction  may  require.  The  number  of  teachers  for  the  next  ensuing  year 
in  each  school  shall  be  based  on  the  average  attendance  of  pupils  for  the 
previous  year,  as  given  below:  Provided ,  that  in  the  case  of  the  enlarge¬ 
ment  or  consolidation  of  a  district,  the  superintendent  shall  add  to  the 
attendance  of  said  district  the  number  of  children  transferred  who  were 
attending  school  the  previous  year.  In  case  of  an  extraordinary  increase 
in  population,  the  superintendent  shall  estimate  said  increase  that  may 
attend  school  for  the  year  and  allow  the  same  in  estimating  the  attendance 
for  said  school. 

(a)  In  each  elementary  school:  Not  more  than  one  teacher  shall  be 
allowed,  except  as  follows:  Wherever  the  average  attendance  for  the 
previous  year  was  at  least  thirty,  two  teachers  may  be  allowed,  but  the 
commissioners  may  not  be  compelled  to  provide  the  funds  for  the  second 
teacher,  except  when  the  average  attendance  for  the  previous  year  was  at 
least  forty.  Wherever  the  average  attendance  for  the  previous  year  was 
sixty-five,  three  teachers  shall  be  considered  reasonable,  and  wherever  the 
average  attendance  for  the  previous  year  was  one  hundred,  four  teachers 
shall  be  considered  reasonable.  And  one  additional  teacher  for  every 
thirty-five  additional  pupils  in  average  daily  attendance  for  the  previous 
year  shall  be  considered  reasonable. 

(b)  In  each  high  school:  One  whole-time  teacher  for  the  high  school 
grades  may  be  allowed  for  the  ensuing  year  wherever  the  number  of 
pupils  in  attendance  for  the  previous  year  was  twenty;  two  teachers  may 
be  allowed  wherever  the  average  attendance  was  thirty;  three  teachers 
may  be  allowed  wherever  the  average  attendance  was  forty-five;  four 
teachers  may  be  allowed  for  seventy  pupils  in  average  daily  attendance, 
and  one  additional  teacher  may  be  allowed  for  every  thirty  additional 
pupils  in  average  daily  attendance. 

(c)  Wherever  the  total  number  of  teachers  and  the  total  estimated 
salary  fund  for  the  ensuing  year  are  not  greater  than  the  total  actual 
salaries  paid  or  authorized  by  law  for  the  previous  year,  the  amount  shall 
not  be  considered  excessive.  Wherever  the  average  attendance  for  the 
previous  year  authorizes  an  increase  in  the  number  of  teachers  for  the 
ensuing  year,  and  the  number  provided  in  the  budget  is  in  accordance 
with  the  provisions  of  this  section,  the  amount  necessary  to  supply  the 
needed  extra  teachers  at  the  average  monthly  salary  paid  teachers  the 
previous  year  shall  be  deemed  reasonable  and  necessary:  Provided ,  the 
term  “legal  salaries  for  the  previous  year”  shall  be  construed  to  mean  the 
salaries  for  the  county  six-months  term  in  accordance  with  the  adopted 

salary  schedule. 


46 


Public  School  Law  of  North  Carolina 


(d)  The  per  diem  of  the  county  board  of  education,  the  salary  of  the 
superintendent  of  public  welfare,  and  other  school  officials  authorized  by 
law  shall  be  legitimate  items  of  expense  in  the  budget. 

The  amount  of  the  salary  fund  for  the  county  schools  having  been  de¬ 
termined,  and  the  amount  of  the  salary  fund  for  special  charter  districts 
having  been  determined  in  accordance  with  the  provisions  of  Section  177 
of  this  article,  the  total  for  the  county  and  the  special  charter  districts 
shall  constitute  the  total  amount  of  the  salary  fund  for  the  ensuing  year, 
and  if  the  amount  is  approved  by  the  commissioners  they  shall  levy  a 
tax  sufficient  to  produce  the  amount  clear  of  all  fees,  commissions,  rebates, 
losses,  and  cost  of  collection. 

Sec.  177.  How  to  estimate  the  salary  fund  for  the  special  charter  or 
city  schools.  The  salary  fund  for  special  charter  districts  shall  be  esti¬ 
mated  as  follows: 

The  county  board  of  education  shall  determine  the  number  of  additional 
teachers  needed  in  both  the  high  school  and  the  elementary  grades  of  the 
special  charter  districts  for  the  ensuing  year  in  the  same  manner  as  that 
provided  in  Section  176  above  for  determining  the  number  of  high  school 
and  elementary  school  teachers  in  all  other  schools  of  the  county.  It  shall 
then  calculate,  using  the  adopted  salary  schedule  for  the  county,  the 
average  per  capita  cost  for  six  months  of  instructing  all  high  school  pupils 
of  the  county,  and  the  average  per  capita  cost  of  instructing  all  elementary 
school  pupils  of  the  county  for  the  ensuing  year;  and  the  county  board 
of  education  shall  provide  in  the  May  budget  for  the  special  charter 
districts  for  the  ensuing  year  the  average  per  capita  cost  of  instructing 
all  high  school  pupils  in  average  daily  attendance  for  the  previous  year 
and  the  average  per  capita  cost  of  instructing  all  elementary  school  pupils 
in  average  daily  attendance  for  the  previous  year,  and  the  total  amount 
determined  on  this  basis  shall  be  a  reasonable  salary  fund  to  provide  in 
the  budget  for  the  special  charter  districts:  Provided,  the  county  board 
of  education  shall  have  authority  to  incorporate  the  budget  of  the  special 
charter  districts  in  the  county  budget  and  allow  the  actual  salary  for  six 
months  in  accordance  with  the  adopted  salary  schedule  for  each  teacher 
permitted  under  Section  176  of  this  article.  In  all  counties  where  the 
schools  of  a  special  charter  district  are  operated  as  part  of  the  county 
system,  and  are  under  the  control  of  the  county  board  of  education,  and 
pupils  living  outside  the  special  charter  district  are  permitted,  as  the 
county  board  of  education  may  direct,  to  attend,  free  of  all  tuition  charges, 
the  amount  of  the  salary  budget  of  said  special  charter  district  shall  be 
estimated  in  the  same  way  as  the  budget  for  any  other  district  school 
of  the  county  is  estimated. 

The  board  of  trustees  of  all  special  charter  districts  may  petition  the 
board  of  education  to  take  over  the  management  of  the  school  or  schools 
within  the  special  charter  district.  When  such  a  petition  is  presented,  the 
county  board  of  education  shall  grant  the  petition,  and  the  school  or 
schools  within  the  district  shall  be  governed  as  all  other  schools  in 
local  tax  districts  are  governed:  Provided,  the  county  board  of  edu¬ 
cation  shall  not  have  the  authority  to  change  the  method  of  electing  the 


Revenue:  How  to  Estimate  Amount  Heeded 


47 


board  of  trustees  unless  the  charter  is  surrendered  and  the  title  to  the 
property  is  transferred  to  the  county  board  of  education. 

Sec.  178.  How  to  determine  the  amount  of  the  operating  and  equipment 
fund.  All  poll  taxes,  fines,  forfeitures,  penalties,  and  all  public  school 
revenues  of  the  county  not  otherwise  appropriated  shall  be  placed  to  the 
credit  of  the  operating  and  equipment  fund  authorized  in  Section  175,  sub¬ 
section  (b)  of  this  article,  except  as  otherwise  provided. 


The  county  board  of  education  shall  allow  the  same  per  capita  amount 
per  pupil  enrolled  for  the  previous  year,  to  the  special  charter  district  that 
is  allowed  to  all  other  schools  of  the  county,  and  the  total  amount  for  all 
schools  of  the  county  shall  be  the  amount  of  the  operating  and  equipment 
fund  to  be  incorporated  in  the  budget.  If  the  amount  derived  or  to  be 
derived  from  the  sources  mentioned  above  in  this  section  is  insufficient 
for  this  fund  the  commissioners  are  authorized  to  levy  an  additional  tax 
to  meet  the  actual  needs. 

Whenever  a  district  issues  bonds  or  borrows  from  the  county  board  of 
education  for  the  erection  of  any  school  building,  thus  relieving  the  county 
board  of  education  in  whole  or  in  part  of  providing  suitable  building  or 
buildings  for  said  district  for  the  six  months  school  term,  the  county 
board  of  education  is  hereby  directed  to  apportion  to  said  district  its  pro 
rata  part  of  the  operating  and  equipment  fund  on  the  same  basis  that  the 
county  board  of  education  apportions  this  fund  to  the  special  charter 
districts  until  the  amount  so  apportioned  equals  the  amount  of  the  bond 
issue  or  loan  paid  or  payable  by  the  district. 


Sec.  179.  A  fund  for  the  repayment  of  bonds,  notes  and  loans.  The 
county  board  of  education  shall  set  forth  in  the  budget  the  amount  of  the 
interest  and  installments  on  all  loans  due  the  State,  and  of  all  interest 
and  installmehts  on  bonds  and  other  evidences  of  indebtedness  that  may 
fall  due.  This  shall  be  a  separate  item  in  the  budget,  and  the  commissioners 
shall  levy  annually  a  tax  sufficient  clear  of  all  fees,  commissions,  rebates, 
delinquents  and  the  cost  of  collection  to  repay  the  same,  and  if  the  taxes 
are  not  collected  when  the  repayments  fall  due  the  commissioners  shall 
borrow  the  money  and  place  the  amount  to  the  credit  of  the  county  board 

of  education. 


Sec.  180.  The  May  budget  completed.  The  completed  May  budget  shall 
be  sworn  to  and  subscribed  by  the  chairman  of  the  county  board  of  educa¬ 
tion  and  the  county  superintendent  of  schools  and  a  copy  shall  be  hied  in 
the  office  of  the  State  Superintendent  of  Public  Instruction. 

The  county  board  of  education  shall  present  a  copy  to  the  board  of 
county  commissioners  on  or  before  June  first  of  each  year  If  the  board 
of  county  commissioners  shall  approve  the  total  amount  of  the  budget  It 
shall  levy  sufficient  rates,  after  deducting  the  amount  to  be  received  from 
the  State  to  produce  the  amount  asked  for  in  the  budget,  and  if  the  tax 
rate  levted  fans  to  produce,  clear  of  all  commissions,  fees  and  cost  o 
collections  the  amount  approved  in  the  budget,  it  shall  bo  tie  uy 
the  county’  commissioners  to  supply  the  deficit  either  out  of  the  general 
county  fund  or  by  borrowing  in  accordance  with  law. 


48 


Public  School  Law  of  North  Carolina 


Sec.  181.  The  November  budget.  On  or  before  the  fifteenth  day  of 
November  of  each  year  the  county  board  of  education  and  the  board  of 
trustees  of  all  special  charter  school  districts  shall  prepare  a  budget,  on 
blanks  furnished  by  the  State  Superintendent  of  Public  Instruction,  setting 
forth  the  names  and  number  of  teachers  actually  employed  in  each  district 
in  the  county,  the  grade  of  certificate  held,  the  salary  paid,  and  all  other 
information  asked  for  by  the  State  Superintendent  of  Public  Instruction. 
The  November  budget  shall  be  checked  by  the  State  Superintendent  to 
ascertain  whether  the  teachers  are  properly  certificated,  whether  the 
number  of  teachers  is  excessive,  and  whether  the  authorized  salary  schedule 
Is  observed.  The  county  shall  settle  with  the  special  charter  districts  for 
teachers’  salaries  in  accordance  with  the  corrected  budgets  and  the  State 
equalizing  fund  shall  be  finally  apportioned  in  accordance  with  such  cor¬ 
rected  budgets. 

The  checked  and  approved  November  budget  shall  exhibit  the  legal 
salary  due  each  teacher  according  to  the  State  salary  schedule  and  the 
number  of  teachers  to  which  each  district  is  entitled.  A  copy  shall  be 
returned  to  the  county  board  of  education  or  board  of  trustees  as  the 
case  may  be  to  be  filed  in  the  office  of  the  superintendent.  And  not  more 
than  three-fourths  of  the  estimated  maximum  amount  of  the  equalizing 
fund  shall  be  paid  to  a  county  until  the  November  budget  is  approved,  and 
if  it  shall  appear  at  any  time  that  the  superintendent  refuses  to  observe 
the  law  providing  a  uniform  salary  schedule,  the  State  Superintendent 
of  Public  Instruction  shall  notify  the  chairman  of  said  board  which  board 
is  hereby  authorized  to  remove  said  superintendent  from  office. 

After  the  November  budget  is  checked  if  it  shall  appear  that  the  county 
has  provided  for  its  part  of  the  salary  fund,  and  the  amount  of  the  equal¬ 
izing  fund  submitted  to  the  county  is  needed  to  meet  the  demands  on  the 
salary  fund,  then  the  State  Board  of  Education  shall  pay  in  full  the  amount 
it  specified  in  such  a  way  as  to  be  of  the  greatest  aid  to  the  counties  before 
the  taxes  for  the  year  have  been  collected. 

Art.  14.  Powers,  Duties  and  Responsibilities  of  the  Board  of 
County  Commissioners  in  Providing  Punds  for 

Six  Months  Term 

Sec.  182.  Duty  to  provide  funds  for  six  months  term.  The  board  of 
county  commissioners  shall  provide  the  funds  necessary  to  maintain  the 
schools  for  six  months,  and  the  May  budget  submitted  to  the  commissioners 
shall  be  presumed  to  be  correct  unless  it  is  formally  rejected  by  the  com¬ 
missioners  within  thirty  days  after  presentation,  and  an  entry  is  recorded 
in  the  minutes  of  the  board  stating  the  time  when  it  was  rejected  and  the 
reason  for  rejecting  it,  and  a  copy  of  the  entry  on  the  minutes  of  the  board 
of  county  commissioners  shall  be  sent  to  the  superintendent  or  the  chair¬ 
man  of  the  county  board  of  education. 

Sec.  183.  Commissioners  required  to  raise  full  amount.  When  the  bud¬ 
get  is  accepted  by  the  commissioners,  or  by  order  of  the  court,  the  com¬ 
missioners  are  hereby  directed  and  required  to  levy  a  tax  sufficient  to- 


County  Commissioners:  Duty  as  to  School  Funds  49 

raise  the  amount  necessary  to  maintain  the  schools  for  six  months  ac¬ 
cording  to  the  provisions  of  the  budget  or  the  order  of  the  court.  At  the 
close  of  the  school  year  if  it  shall  appear  that  the  amount  of  money 
actually  received  by  the  treasurer,  clear  of  all  fees,  commissions,  rebates, 
etc.,  is  insufficient  to  meet  all  the  necessary  expenses  of  the  schools  for 
the  year  the  county  commissioners  shall  provide  the  necessary  amount 
and,  place  the  same  to  the  credit  of  the  county  board  of  education. 

Sec.  184.  Wliat  the  commissioners  may  require  of  county  hoard  of  edu¬ 
cation.  The  commissioners  or  a  representative  selected  by  them  shall  sit 
with  the  county  board  of  education  when  the  May  budget  is  being  prepared, 
and  whenever  the  commissioners  or  their  representative  are  in  doubt  as  to 
the  reasonableness  of  the  budget,  or  any  item  in  the  same,  it  may  require 
the  county  board  of  education  to  compare  the  salaries  of  teachers  as 
estimated  in  the  May  budget  for  the  ensuing  year  with  the  actual  salaries 
authorized  by  law  in  the  approved  November  budget  for  the  current  school 
year,  and  to  give  the  cause  of  the  increase,  district  by  district,  and  the 
difference  between  the  total  salaries  of  the  current  school  year  as  authorized 
by  law  for  the  six  months  school  term  and  the  proposed  salaries  for  the 
ensuing  school  year. 

It  may  require  in  similar  detail  a  statement  of  the  differences  in  the 
amount  of  the  operating  and  equipment  fund  for  the  two  years.  It  may 
require  the  county  board  of  education  to  show  that  existing  debts  were 
incurred  in  strict  accordance  with  the  law,  and  the  county  commissioners 
hereafter  shall  not  be  liable  for  any  debt,  other  than  loans  from  the  State, 
incurred  by  the  county  board  of  education  in  excess  of  the  amount  set 
forth  in  the  May  budget,  unless  the  making  of  the  debt  was  approved  by 
the  county  commissioners.  The  county  board  of  education  shall  file  with 
the  clerk  of  the  board  of  commissioners  a  list  of  the  bonded  indebtedness 
for  schools  of  the  county  and  of  local  tax  districts,  and  a  certified  statement 
of  all  loans  derived  from  the  State  together  with  the  amount  of  the  annual 
payments. 

Sec.  185.  Where  commissioners  have  no  discretion.  The  commissioners 
are  hereby  required  to  levy  annually  a  tax  sufficient  to  repay  interest  and 
installment  on  all  loans  from  the  State,  and  interest  and  installments  on 
bonds  and  notes  falling  due.  And  this  shall  be  a  separate  tax,  and  if,  after 
all  interest  and  installments  are  paid  each  year,  any  balance  that  may 
remain  shall  be  accounted  for  by  the  treasurer,  and  it  shall  be  applied  the 
following  year  to  the  repayment  of  interest  and  installment  on  loans.  But 
if  the  amount  secured  from  this  tax  is  not  sufficient  for  these  needs  it 
shall  be  the  duty  of  the  commissioners  to  borrow  any  amount  needed  to 

meet  these  payments. 

Sec.  186.  Require  county  board  to  publish  May  budget.  The  commis¬ 
sioners  before  approving  the  May  budget  may  require  the  county  board  of 
education  to  publish  the  same  in  some  leading  newspaper  published  or 
circulating  in  the  county,  and  when  so  published  it  shall  set  forth  the 
cost,  district  by  district,  and  the  amount  of  the  increase  for  each  district 
over  the  previous  year,  and  the  total  amount  of  the  increase,  and  the  cost 

4 


so 


Public  School  Law  of  North  Carolina 


of  publishing  the  May  budget  shall  be  paid  by  the  commissioners  out  of 
the  general  county  fund. 

Sec.  187.  Procedure  in  cases  of  disagreement  or  refusal  of  county  com¬ 
missioners  to  levy  school  taxes.  In  the  event  of  a  disagreement  between 
the  county  board  of  education  and  the  board  of  county  commissioners  as 
to  the  amount  of  salary  fund  or  the  fund  necessary  to  pay  interest  and  in¬ 
stallments  on  bonds,  notes,  and  loans,  the  county  board  of  education  and 
the  board  of  county  commissioners  shall  sit  in  joint  session  and  each 
board  shall  have  one  vote  on  the  question  of  the  adoption  of  these  amounts 
in  the  budget.  A  majority  of  the  members  of  each  board  shall  cast  the 
vote  for  each  board.  In  the  event  of  a  tie,  the  Clerk  of  the  Superior  Court 
shall  act  as  arbitrator  upon  the  issues  arising  between  said  two  boards, 
and  shall  render  his  decision  thereon  within  ten  days.  But  either  the 
county  board  of  education  or  the  board  of  county  commissioners  shall  have 
the  right  to  appeal  to  the  Superior  Court  within  thirty  days  from  the  date  of 
the  decision  of  the  Clerk  of  the  Superior  Court,  and  It  shall  be  the  duty 
of  the  judge  hearing  the  case  on  appeal  to  find  the  facts  as  to  the  amount 
of  the  salary  fund  and  the  fund  necessary  to  pay  Interest  and  installment 
on  bonds,  notes,  and  loans,  which  findings  shall  be  conclusive;  and  he 
shall  give  judgment  requiring  the  county  commissioners  to  levy  the  tax 
which  will  provide  the  amount  of  the  salary  fund  which  he  finds  necessary 
to  maintain  the  schools  for  six  months  in  every  school  district  in  the 
county  and  the  amount  necessary  to  pay  interest  and  installment  on  bonds, 
notes,  and  loans.  Any  board  of  county  commissioners  failing  to  obey  such 

order  and  to  levy  the  tax  ordered  by  the  court  shall  be  guilty  of  a  mis¬ 

demeanor  and  shall  be  fined  or  imprisoned  in  the  discretion  of  the  court. 

In  case  of  an  appeal  to  the  Superior  Court,  all  papers  and  records  re¬ 
lating  to  the  case  shall  be  considered  a  part  of  the  record  for  consideration 
by  the  court. 

Sec.  188.  Commissioners  may  demand  a  jury  trial.  The  county  com¬ 
missioners  shall  have  the  right  to  have  the  issues  tried  by  a  jury,  as  to 
the  amount  of  the  teachers'  salary  fund  and  the  operating  and  equipment 
fund,  which  jury  trial  shall  be  set  at  the  first  succeeding  term  of  the 
Superior  Court,  and  shall  have  precedence  over  all  other  business  of  the 
court:  Provided ,  that  if  the  judge  holding  the  court  shall  certify  to  the 

Governor,  either  before  or  during  such  term,  that  on  account  of  the 

accumulation  of  other  business,  the  public  interests  will  be  best  served  by 
not  trying  such  action  at  said  term,  the  Governor  shall  immediately  call 
a  special  term  of  the  Superior  Court  for  said  county  to  convene  as  early 
as  possible  and  assign  a  judge  of  the  Superior  Court  or  an  emergency 
judge  to  hold  the  same,  and  the  said  action  shall  be  tried  at  such  term. 
There  shall  be  submitted  to  the  jury  for  its  determination  the  issue  as  to 
what  amount  is  needed  to  maintain  the  schools  for  six  months,  and  they 
shall  take  into  consideration  the  amount  needed  and  the  amount  available 
from  all  sources  as  provided  by  law.  The  final  judgment  rendered  in  such 
action  shall  be  conclusive  and  the  county  commissioners  shall  forthwith 
levy  taxes  in  accordance  with  such  judgment,  otherwise  those  who  refuse 
so  to  do  shall  be  in  contempt  and  may  be  punishable  accordingly:  Providedy 


County  Commissioners:  Duty  as  to  School  Funds  51 

that  in  case  of  a  mistrial  or  an  appeal  to  the  Supreme  Court  which  would 
result  in  a  delay  beyond  a  reasonable  limit  for  levying  the  taxes  for  the  year, 
the  judge  shall  order  the  commissioners  to  levy  for  the  ensuing  year  a  rate 
sufficient  to  pay  interest  and  installment  on  notes,  loans  and  bonds,  and 
to  produce,  together  with  what  may  be  received  from  the  State  Public 
School  Fund  and  from  other  sources,  an  amount  for  the  teachers’  salary 
fund  equal  to  the  amount  of  this  fund  for  the  previous  year. 

Sec.  189.  Commissioners  authorized  to  borrow  money.  The  commis¬ 
sioners  are  hereby  authorized  to  borrow  money  for  the  schools  of  the 
county  and  place  the  same  to  the  credit  of  the  county  board  of  education, 
as  follows:  Whenever  the  amount  provided  in  the  budget  shall  be  in¬ 
sufficient  to  meet  the  absolute  needs  of  running  a  six  months  school  term 
and  providing  equipment  for  same,  or  paying  existing  indebtedness  for 
said  purpose  and  the  county  commissioners,  after  investigating,  shall  find 
as  a  fact  that  additional  funds  are  necessary,  they  are  hereby  authorized 
to  borrow  the  necessary  amount  and  place  the  same  to  the  credit  of  the 
county  board  of  education,  and  it  shall  be  the  duty  of  the  county  com¬ 
missioners  to  levy  sufficient  taxes  for  the  next  ensuing  year  to  repay  money 
so  borrowed  in  addition  to  providing  for  the  maintenance  of  the  six  months 
school  term  and  the  county  commissioners  may  issue  notes  of  the  county 
for  money  so  borrowed.  (For  duty  of  commissioners  to  fund  school  in¬ 
debtedness  see  Article  23.) 

Sec.  190.  Commissioners  to  require  fines,  forfeitures  and  penalties  paid 
to  treasurer.  The  board  of  county  commissioners  shall  require  all  clerks 
of  all  State  and  municipal  courts,  justices  of  the  peace  and  all  other  clerks 
or  officials  having  in  custody  the  records  of  any  city  or  town  in  the  State, 
to  furnish  the  county  board  of  education  and  the  county  commissioners  a 
detailed  statement  of  all  fines,  forfeitures  and  penalties  that  have  come 
into  their  hands  or  that  have  been  recorded  or  should  have  been  recorded 
in  the  books  kept  by  them.  And  it  shall  be  the  duty  of  the  county  com¬ 
missioners  to  require  all  officials  collecting  fines,  forfeitures  and  penalties 
to  pay  over  the  same  to  the  treasurer  of  the  county  school  fund  monthly 
and  a  failure  on  the  part  of  said  officials  to  comply  with  the  provisions  of 
this  section  shall  be  considered  a  misdemeanor,  and  upon  conviction  they 
may  be  removed  from  office  by  the  court  and  shall  be  fined  or  imprisoned 
in  the  discretion  of  the  court. 

Sec.  191.  Commissioners  to  estimate  what  per  cent  the  school  fund  Is 
of  the  total  county  fund.  It  is  the  duty  of  the  county  commissioners  to 
furnish  the  county  board  of  education,  as  soon  as  the  tax  books  for  the 
year  are  complete,  a  statement  showing  what  per  cent  the  school  fund  is  of 
the  total  county  fund  and  at  least  this  same  per  cent  of  the  amount  of 
taxes  as  they  are  collected  and  deposited  in  the  treasury  shall  be  placed 
to  the  credit  of  the  county  board  of  education. 

Sec.  192.  Commissioners  require  sheriff  to  settle.  Every  sheriff  or  tax 
collector  shall  deposit  the  county  and  other  local  taxes  collected  by  him 
with  the  county  treasurer  as  often  as  he  shall  collect  or  have  in  his  pos¬ 
session  at  any  one  time  a  sum  equal  to  five  hundred  dollars  ($500.00). 

O.  S.,  3941. 


52 


Public  School  Law  of  North  Carolina 


On  or  before  the  close  of  the  fiscal  year  the  sheriff  in  settling  with  the 
board  of  county  commissioners  shall  exhibit  the  total  amount  of  the  school 
fund  from  all  sources  received,  the  net  amount  paid  over  to  the  county 
treasurer,  and  the  net  amount  due  each  of  the  following  funds:  (1)  The 
salary  fund,  (2)  the  operating  and  equipment  fund,  and  (3)  the  fund  for 
the  repayment  of  all  loans,  bonds  and  notes.  The  sheriff  shall  also  exhibit 
the  amount  of  uncollected  taxes  due  because  of  insolvent  polls,  releases, 
errors,  and  rebates  allowed  by  the  board  of  county  commissioners,  and 
other  causes  for  failure  to  collect  the  entire  amount  of  the  taxes  due, 
and  the  sheriff  shall  furnish  to  the  county  board  of  education  at  the  time 
of  his  settlement  with  the  county  commissioners,  as  provided  in  this 
section,  a  complete  itemized  copy  of  his  statement;  and  the  State  Auditor 
shall  prepare  and  furnish  free  of  cost  to  the  sheriff  or  the  county  com¬ 
missioners,  blanks  on  which  the  sheriff  shall  make  his  final  report  to  the 
county  commissioners.  Said  blanks  shall  set  forth  the  items  specified  above 
in  such  a  way  as  to  make  the  settlement  clear  and  intelligible. 

Art.  15.  The  Treasurer  :  His  Powers,  Duties  and  Responsibilities 

in  Disbursing  School  Funds 

Sec.  193.  Treasurer  shall  disburse  funds.  The  county  treasurer  of  each 
county  shall  be  the  treasurer  of  the  school  funds  in  his  county.  He  shall 
receive  and  disburse  all  public  school  funds  and  shall  keep  the  same 
separate  and  distinct  from  all  other  funds.  In  all  counties  in  which  the 
office  of  county  treasurer  has  been  abolished  all  banks  or  other  corpora¬ 
tions  handling  public  school  funds  shall  be  required  to  keep  the  same 
accounts,  perform  the  same  duties  as  required  of  the  county  treasurer,  and 
to  give  the  same  bond  and  make  the  same  reports  as  are  required  of  the 
treasurer  of  the  county  board  of  education. 

Sec.  194.  Treasurer  shall  keep  special  charter  district  and  county  school 
funds  separate.  When  the  total  amount  of  county  school  taxes  has  been 
computed  the  county  board  of  education,  in  mutual  agreement  with  the  re¬ 
spective  special  charter  district  boards  of  trustees,  shall  furnish  the  county 
treasurer  with  a  statement  showing  the  per  cent  of  the  total  amount  of 
county  school  taxes  that  belongs  to  the  county  board  of  education  and  the 
per  cent  that  belongs  to  each  respective  special  charter  district  board. 

When  this  per  cent  basis  has  been  determined,  the  county  board  of 
education  shall  furnish  the  treasurer  of  the  county  board  of  education 
with  a  statement  showing  what  per  cent  of  the  total  amount  of  school 
funds  shall  be  set  aside  and  held  as  a  separate  account  in  his  hands  to 
the  credit  of  each  special  charter  board,  and  what  per  cent  shall  be  held  to 
the  credit  of  the  county  board  of  education. 

Upon  receipt  of  moneys  collected  for  county  taxes  from  the  sheriff  or 
other  collecting  officer  the  county  treasurer  shall  immediately  separate 
the  school  fund,  which  shall  include  all  moneys  received  from  taxes  or 
otherwise  for  all  school  purposes,  from  all  county  taxes  on  a  per  cent 
basis  in  accord  with  the  statement  supplied  by  the  board  of  county 
commissioners,  and  on  the  receipt  given  -to  the  sheriff  or  other  collecting 
officer,  he  shall  show  the  amount  credited  to  the  school  fund. 


Treasurer:  Duties;  Powers,  Responsibilities  53 

The  county  treasurer  shall  then  immediately  place  to  the  credit  of  the 
county  board  of  education  that  per  cent  of  the  county  school  fund  which 
belongs  to  the  county  board  of  education,  and  to  each  special  charter  dis¬ 
trict  board  of  trustees  the  per  cent  which  belongs  to  each  respective 
special  charter  district  board  as  determined  on  the  basis  of  the  statement 
provided  him  by  the  county  board  of  education  in  mutual  agreement  with 
the  respective  special  charter  district  boards  of  trustees  in  said  county. 
He  shall  then  notify  the  respective  boards  of  the  amounts  placed  to  their 
respective  credit,  and  shall  pay  over  to  the  treasurers  of  the  respective 
boards  of  education  said  amounts  on  properly  executed  order.  After  the 
final  settlement  of  the  sheriff  or  other  collecting  officer  with  the  board 
of  county  commissioners,  as  provided  by  law,  the  county  treasurer  shall 
make  all  needed  adjustments  between  the  school  funds  and  other  county 
funds,  and  immediately  place  to  the  credit  of  the  respective  boards  of 
education  the  final  amounts  belonging  to  each  respective  board  of  educa¬ 
tion  for  the  given  fiscal  year. 

Sec.  195.  Action  against  the  treasurer  to  recover  funds.  After  final 
settlement  with  the  sheriff,  if  it  shall  appear  that  any  part  of  the  public 
school  fund  received  by  the  county  treasurer  has  not  been  properly  placed 
to  the  credit  of  the  respective  board  of  education,  either  the  county 
board  of  education  or  the  special  charter  district  board  of  trustees,  as  the 
case  may  be,  shall  bring  action  on  the  treasurer’s  bond  to  recover  any  part 
of  the  fund  still  belonging  to  the  respective  board.  If  the  county  treasurer 
fails  to  perform  his  duties  as  herein  and  above  prescribed,  he  shall  be 
guilty  of  a  misdemeanor  and  be  fined  or  imprisoned  in  the  discretion  of 
the  court. 

Sec.  196.  Treasurer  to  keep  separate  record  of  local  taxes  received. 
(See  Section  147.) 

Sec.  197.  How  school  funds  shall  be  disbursed.  The  county  board  of 
education  shall  -divide  the  funds  belonging  to  the  county  into  two  classes— 
(1)  those  apportioned  to  districts  for  teachers’  salaries  and  for  supplies, 
and  (2)  those  reserved  to  the  county  board  of  education  for  repairs,  erec¬ 
tion  of  buildings,  salary  and  expenses  of  county  school  officials,  teacher 
training,  and  all  other  necessary  expenses. 

The  treasurer  shall  pay  out  funds  designated  as  the  district  funds  only 
on  warrants  signed  by  the  chairman  and  one  other  member  of  the  school 
committee,  countersigned  by  the  county  superintendent.  He  shall  pay  out 
funds  reserved  to  the  county  board  of  education  only  on  wan  ants  signed 
by  the  chairman  and  secretary  of  the  county  board  of  education.  No  local 
tax  district  funds  shall  be  paid  out  by  the  treasurer  except  on  properly 
executed  order  signed  by  the  chairman  and  one  other  member  of  the 
committee  and  countersigned  by  the  county  superintendent. 

Sec.  198.  County  board  required  to  have  accounts  of  treasurer  audited. 
On  or  before  the  first  day  of  August  of  each  year  the  county  board  of  educa¬ 
tion  shall  cause  to  be  audited  the  books  of  the  treasurer  of  the  county  school 
fund  and  the  accounts  of  the  county  board  of  education,  and  shall  provide 
for  the  cost  of  the  same,  where  a  county  auditor  is  not  provided  by  special 
statute,  out  of  the  incidental  fund.  The  auditor’s  report  shall  show: 


54 


Public  School  Law  of  North  Carolina 


(1)  The  total  amount  belonging  to  the  county  for  the  six-months  school 
term  as  shown  by  the  tax  hooks,  what  part  has  been  collected  and  deposited 
with  the  treasurer  for  the  current  year,  what  balance  for  the  previous 
year  has  been  collected  or  still  remains  uncollected  by  the  tax  collector. 

(2)  The  number  of  schools  in  the  county,  other  than  city  schools,  sup¬ 
ported  in  part  by  local  taxes,  and  the  number  supported  entirely  from 
the  funds  appropriated  wholly  from  the  State  and  county  six-months  school 
fund,  and  it  shall  show  the  total  amount  of  local  taxes  raised  for  schools 
and  belonging  to  the  credit  of  each  local  tax  district,  and  how  this  fund 
has  been  disbursed. 

(3)  The  salary,  traveling  expenses,  clerical  assistance,  and  other  office 
expenses  of  the  county  superintendent  and  the  county  board  of  education. 

(4)  The  salary  paid  to  each  teacher,  supervisor,  principal,  and  all  other 
employees  employed  in  the  county  system,  what  part  was  paid  out  of  the 
State  and  county  six-months  school  fund,  and  what  part  was  paid  out 
of  local  tax  funds. 

(5)  The  amount  of  the  operating  and  equipment  fund  received,  the 
source  of  the  fund,  and  how  it  was  disbursed. 

The  auditor  shall  compare  the  expenditures  with  the  budget  approved  by 
State  Superintendent  of  Public  Instruction,  and  report  whether  all  salaries 
and  other  expenses  have  been  paid  in  accordance  with  law,  and  by  what 
amount  the  school  fund  received  or  to  be  received  exceeds  or  falls  short 
of  the  estimated  amount  needed,  as  set  forth  in  the  May  budget. 

The  auditor’s  report  shall  be  published  in  some  newspaper  circulating  in 
the  county,  or  in  bulletin  form,  and  one  copy  shall  be  sent  to  the  State 
Superintendent  of  Public  Instruction,  and  one  copy  shall  be  given  to  the 
chairman  of  the  board  of  county  commissioners,  and  one  copy  to  the  chair¬ 
man  of  the  county  board  of  education. 

In  like  manner  and  in  similar  details,  unless  otherwise  provided  in 
special  act,  the  board  of  trustees  of  each  special  charter  district  shall  cause 
to  be  audited  the  accounts  of  the  treasurer  and  board  of  trustees  of  the 
special  charter  district. 

If  the  county  board  of  education  or  special  charter  district  board  of 
trustees  shall  fail  to  have  all  accounts  audited  as  provided  herein,  the 
State  Superintendent  of  Public  Instruction  shall  notify  the  State  Auditor, 
and  said  State  Auditor  shall  send  an  auditor  to  said  county  and  have  the 
accounts  audited  in  accordance  with  the  provisions  of  this  section,  and 
all  expenses  for  the  same  shall  be  paid  by  the  county  board  of  education 
or  the  board  of  trustees,  as  the  case  may  be. 

Sec.  199.  Treasurer  to  give  bond.  Before  entering  upon  the  duties  of 
his  office,  the  treasurer  shall  execute  a  justified  bond,  with  security,  in  an 
amount  to  be  fixed  by  the  board  of  county  commissioners,  not  less  than 
one-half  of  the  total  amount  of  the  moneys  received  by  him  or  his  prede¬ 
cessor  during  the  previous  year,  conditioned  for  the  faithful  performance 
of  his  duties  as  treasurer  of  the  county  school  fund,  and  for  the  payment 
to  his  successor  in  office  of  any  balance  of  school  moneys  that  may  be  In 
his  hands  unexpended.  This  bond  shall  be  a  separate  bond,  not  including 


Treasuker  :  Duties  ;  Powers,  Responsibilities 


55 


liabilities  for  other  funds,  and  shall  he  approved  by  the  board  of  county 
commissioners,  and  that  board  may  from  time  to  time,  if  necessary,  re¬ 
quire  him  to  strengthen  his  bond. 

C.  S.,  5445. 

Sec.  200.  Action  on  the  treasurer’s  bond.  The  board  of  county  com¬ 
missioners  shall  bring  action  in  the  name  of  the  State  for  any  breach  of 
the  bond  of  the  treasurer  or  for  any  failure  to  account  properly  for  the 
funds  received  by  him,  except  in  cases  where  action  is  otherwise  provided 
for.  If  the  commissioners  shall  fail  to  bring  such  action,  it  may  be  brought 
in  the  name  of  the  State  upon  the  relation  of  any  taxpayer. 

C.  S.,  5446. 

Sec.  201.  Annual  report  to  State  Superintendent.  The  treasurer  of  any 
county,  town,  or  special  charter  district  school  fund  shall  report  to  the 
State  Superintendent  of  Public  Instruction,  on  the  first  Monday  of  August 
of  each  year,  the  entire  amount  of  money  received  and  disbursed  by  him 
during  the  preceding  school  year,  designating  by  items  the  amount  re¬ 
ceived,  respectively,  from  property  tax,  poll  tax,  fines,  forfeitures  and 
penalties,  auctioneers,  estrays,  from  the  State  Treasurer  and  from  other 
sources.  He  shall  also  designate  by  item  the  sum  paid  to  teachers  of  each 
race  respectively,  the  sums  paid  for  schoolhouses,  school  sites  in  the 
several  districts,  and  for  all  other  purposes,  specifically  and  in  detail, 

by  item. 

C.  S.,  5451. 

Sec.  202.  Report  to  county  board.  On  the  same  date  that  he  reports  to 
the  State  Superintendent  he  shall  file  a  duplicate  of  such  report  in  the 
office  of  the  county  board  of  education.  He  shall  make  such  other  reports  as 
the  county  board  of  education  may  require  from  time  to  time. 

C.  S.,  5452. 

Sec.  203.  Exhibit  books,  vouchers,  and  money  to  county  board.  The 
treasurer  of  the  county  school  fund  shall,  when  required  by  the  county 
board  of  education,  produce  his  books  and  vouchers  for  examination,  and 
shall  also  exhibit  all  moneys  due  the  public  school  fund  of  the  county  at 
such  settlement  required  by  this  article. 

C.  S.,  5453. 

Sec.  204.  Duties  on  expiration  of  term.  Each  treasurer  of  the  county 
school  fund,  in  going  out  of  office,  shall  deposit  in  the  office  of  the  board 
of  education  of  his  county  his  books  in  which  are  kept  his  school  accounts, 
and  all  records  and  blanks  pertaining  to  his  office.  If  his  term  expires  on 
the  thirtieth  day  of  November  during  any  fiscal  school  year,  or  if  for  any 
reason  he  shall  hold  office  beyond  the  thirtieth  day  of  November  and  not 
for  the  whole  of  the  current  fiscal  school  year,  he  shall  at  the  time  h © 
goes  out  of  office  file  with  the  county  board  of  education  and  with  his  suc¬ 
cessor  a  report,  itemized  as  required  by  law,  covering  the  receipts  and 
disbursements  for  that  part  of  the  fiscal  school  year,  from  the  thirtieth  of 
June  preceding  to  the  time  at  which  he  turns  over  his  office  to  his  successor, 
and  his  successor  shall  include  in  his  report  to  the  State  Superintendent 
of  Public  Instruction  the  receipts  and  disbursements  for  the  current 

fiscal  year. 

0.  S.,  5454. 


56 


Public  School  Law  of  North  Carolina 


Sec.  205.  Treasurers  of  school  fund  failing'  to  report  a  misdemeanor.  If 
any  treasurer  of  the  county,  or  special  charter  district  school  fund  shall  fail 
to  make  reports  required  of  him  at  the  time  and  in  the  manner  prescribed, 
or  to  perform  any  other  duties  required  of  him  by  law,  he  shall  be  guilty 
of  a  misdemeanor  and  be  fined  not  less  than  fifty  dollars  and  not  more  than 
two  hundred  dollars  or  imprisoned  not  less  than  thirty  days  nor  more  than 
six  months,  in  the  discretion  of  the  court. 

C.  S.,  5456. 

Sec.  206.  Treasurer  of  special  charter  districts  bonded.  The  treasurer 
of  every  special  charter  district  shall  be  required  by  the  board  of  trustees 
of  said  school  district  to  execute  a  justified  bond,  with  security,  in  an 
amount  to  be  fixed  by  the  board  of  trustees,  not  less  than  one-half  of 
the  total  amount  of  money  received  by  him  or  his  predecessor  during  the 
previous  year,  conditioned  for  the  faithful  performance  of  his  duties  as 
treasurer  of  the  funds  of  the  special  charter  district,  and  for  the  payment 
over  to  his  successor  in  office  of  any  balance  of  school  moneys  that  may 
be  in  his  hands  unexpended.  This  bond  shall  be  a  separate  bond,  not  in¬ 
cluding  liabilities  for  other  funds,  and  shall  be  approved  by  the  board  of 
trustees  of  said  special  charter  district;  and  that  board  may  from  time 
to  time,  if  necessary,  require  him  to  strengthen  his  bond. 

Sec.  207.  Obsolete. 

Sec.  208.  Speculating  in  claims  against  towns,  cities  and  the  State.  If 

any  clerk,  sheriff,  register  of  deeds,  county  treasurer  or  other  county, 
city,  town  or  State  officer  shall  engage  in  the  purchasing  of  any  county, 
city,  town  or  State  claim,  including  teacher’s  salary  voucher,  at  a  less 
price  than  its  full  and  true  value  or  at  any  rate  of  discount  thereon,  or 
be  interested  in  any  speculation  on  any  such  claim,  he  shall  be  guilty  of 
a  misdemeanor  and  shall  be  fined  or  imprisoned,  and  shall  be  liable  to 
removal  from  office  at  the  discretion  of  the  court. 

C.  S.,  4389,  revised. 


Art.  16.  Fines,  Forfeitures  and  Penalties 

Sec.  209.  Constitutional  provisions.  All  moneys,  stocks,  bonds  and  other 
property  belonging  to  a  county  school  fund,  also  the  net  proceeds  from  the 
sale  of  estrays,  also  the  clear  proceeds  of  all  penalties  and  forfeitures  and 
of  all  fines  collected  in  the  several  counties  for  any  breach  of  the  penal 
or  military  laws  of  the  State,  and  all  moneys  which  shall  be  paid  by 
persons  as  an  equivalent  for  exemption  from  military  duty  shall  belong 
to  and  remain  in  the  several  counties  and  shall  be  faithfully  appropriated 
for  establishing  and  maintaining  free  public  schools  in  the  several  counties 
in  this  State:  Provided ,  that  the  amount  collected  in  each  county  shall 
be  annually  reported  to  the  Superintendent  of  Public  Instruction. 

S.  5,  Art.  IX,  Const. 

Sec.  210.  Statement  of  fines  kept  by  clerk.  It  is  the  duty  of  the  clerks 
of  the  several  courts  and  of  the  several  justices  of  the  peace  to  enter 
in  a  book,  to  be  supplied  by  the  county,  an  itemized  and  detailed  statement 
of  the  respective  amounts  received  by  them  in  the  way  of  fines,  penalties, 


Fines;  Forfeitures;  Penalties 


57 


amercements  and  forfeitures,  and  said  books  shall  at  all  times  be  open 
to  the  inspection  of  the  public. 

C.  S.,  1323. 

Sec.  211.  Fines  paid  to  treasurer  for  schools;  annual  report.  All  fines, 
forfeitures,  penalties  and  amercements  collected  in  the  several  counties 
by  any  court  or  otherwise  shall  be  accounted  for  and  paid  to  the  county 
treasurer  by  the  officials  receiving  them  within  sixty  days  after  receipt 
thereof,  and  shall  be  faithfully  appropriated  by  the  county  board  of  edu¬ 
cation  for  the  establishment  and  maintenance  of  free  public  schools;  and 
the  amounts  collected  in  each  county  shall  be  annually  reported  to  the 
Superintendent  of  Public  Instruction  on  or  before  the  first  Monday  in 
January,  by  the  board  of  commissioners. 

C.  S.,  1324. 

Sec.  212.  Failure  to(  file  report  of  fines.  If  any  officer  who  is  by  law 
required  to  file  any  report  or  statement  of  fines  or  penalties  with  the 
county  board  of  education  shall  fail  so  to  do  at  or  before  the  time  fixed 
by,  law  for  the  filing  of  such  report,  he  shall  be  guilty  of  a  misdemeanor. 

C.  S.,  4398. 

Sec.  213.  Fines  and  penalties  to  be  paid  to  school  fund.  Whenever  any 
officer,  including  justices  of  the  peace,  receives  or  collects  a  fine,  penalty, 
or  forfeiture  in  behalf  of  the  State  he  shall,  within  thirty  days  after  such 
reception  or  collection  pay  over  and  account  for  the  same  to  the  treasurer 
of  the  county  board  of  education  for  the  benefit  of  the  fund  for  maintaining 
the  free  public  schools  in  such  county.  Whenever  any  fine  or  penalty 
is  imposed  by  any  officer  the  said  fine  or  penalty  shall  be  at  once  docketed, 
and  shaft  not  be  remitted  except  for  good  and  sufficient  reasons  which 
shall  be  stated  on  the  docket. 

G.  S.,  7875. 

Sec.  214.  Misappropriation  of  taxes  a  misdemeanor.  Any  officer,  in¬ 
cluding  justices  of  the  peace,'  violating  the  preceding  section,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished  by  fine  or 
imprisonment,  at  the  discretion  of  the  court. 

C.  S.,  7876. 

Sec.  215.  Unclaimed  fees  of  jurors  and  witnesses  paid  to  *school  fund. 
All  moneys  due  jurors  and  witnesses  which  remain  in  the  hands  of  any 
Clerk  of  the  Superior  Court  on  the  first  day  of  January  after  the  publi¬ 
cation  of  a  third  annual  report  of  the  said  clerk  showing  the  same  shall 
be  turned  over  to  the  county  treasurer  for  the  use  of  the  school  fund  of  the 
county,  and  it  is  the  duty  of  said  clerk  to  indicate  in  his  report  any  moneys 
so  held  by  him  for  a  period  embracing  the  two  annual  reports. 

C  S  960. 

Sec  216  Use  l)y  public  until  claimed.  The  money  aforesaid,  while 
held  by  the  clerks,  shall  be  paid,  on  application,  to  the  person  entitled 
thereto-  and  after  it  ceases  to  be  held,  it  may  be  used  as  other  revenue, 
subject,’  however,  to  the  claim  of  the  rightful  owner. 

C  S  961. 

Secj^r l.  Sheriffs?  liability  civil  and  criminal  for  failure  to  settle 

school  tax.  (See  Section  192.) 

0.  S.,  5500. 


58 


Public  School  Law  of  North  Carolina 


Sec.  218.  Authority  to  use  fines,  forfeitures,  penalties  and  dog  tax  to 
increase  school  term.  The  county  board  of  education  with  the  approval 
of  the  county  commissioners  may  set  aside  all  or  a  part  of  the  amount 
derived  from  fines,  forfeitures,  penalties,  dog  tax  and  amercements  which 
accrue  to  the  school  fund  and  use  said  amount  for  the  purpose  of  aiding 
the  weaker  union  school  districts  of  the  county  which,  after  having  levied 
a  special  tax  of  not  less  than  thirty  cents  on  the  one  hundred  :  dollars 
valuation  of  property  or  its  equivalent,  are  still  unable  to  provide  a  min¬ 
imum  school  term  of  eight  months. 

PAET  VII 

LOCAL  TAX  ELECTIONS  EOR  SCHOOLS 

Art.  17.  School  Districts  Authorized  to  Vote  Local  Taxes 

Sec.  219.  How  elections  may  be  called.  The  citizens  of  any  duly  created 
school  district  are  hereby  authorized  to  petition  for  a  local  tax  election 
for  schools  as  follows:  A  written  petition  signed  by  twenty-five  qualified 
voters  who  have  resided  at  least  twelve  months  within  the  district,  or  if 
fewer  than  seventy-five  of  such  qualified  voters  reside  in  the  territory, 
then  by  one-third  of  such  qualified  voters,  shall  be  presented  to  the  county 
board  of  education  asking  for  an  election  in  the  district  to  ascertain 
whether  there  shall  be  levied  in  said  district  a  local  annual  tax  not  to 
exceed  fifty  cents  on  the  one  hundred  dollars  valuation  of  all  property, 
real  and  personal,  to  supplement  the  funds  for  the  six  months  public 
school  term  for  that  district.  Provided ,  that  the  petition  for  an  election 
to  be  held  in  any  special  charter  district  shall  be  presented  to  the  board 
of  trustees  of  said  district. 

Sec.  220.  The  board  to  consider  petition.  The  county  board  of  educa¬ 
tion,  or  the  board  of  trustees,  as  the  case  may  be,  shall  receive  the  petition 
and  give  it  due  consideration.  If  the  board  shall  approve  the  petition 
for  an  election,  it  shall  be  endorsed  by  the  chairman  and  secretary  of  the 
board  and  a  record  of  the  endorsement  shall  be  made  in  the  minutes  of 
the  board  ol>  education.  The  petition  shall  then  be  presented  to  the  board 
of  county  commissioners  or  the  governing  body  authorized  to  order  the 
election  and  it  shall  be  the  duty  of  the  board  of  county  commissioners  or 
said  governing  body  to  call  an  election  and  fix  the  date  for  the  same: 
Provided ,  the  county  board  of  education,  or  board  of  trustees,  as  the  case 
may  be,  may,  for  any  good  and  sufficient  reason,  withdraw  the  petition 
before  the  close  of  the  registration  books,  and  if  the  petition  be  so  with¬ 
drawn,  the  election  shall  not  be  held. 

Sec.  221.  Buies  governing  election  for  local  taxes.  In  all  elections  held 
under  this  act  the  board  of  county  commissioners,  or  the  body  authorized 
to  order  said  election,  shall  designate  the  polling  place  or  places,  appoint 
the  registrars  and  judges,  and  canvass  and  judicially  determine  the  re¬ 
sults  of  said  election  when  the  returns  have  been  filed  with  them  by  the 
officers  holding  the  election,  and  shall  record  such  determination  on  their 
records.  The  notice  of  the  election  shall  be  given  by  publication  at  least 
three  times  in  some  newspaper  published  or  circulating  in  the  territory. 


Districts  Authorized  to  Yote  Local  Taxes  59 

It  shall  set  forth  the  boundary  lines  of  the  district,  the  maximum  rate  of 
tax  to  he  levied,  which  shall  not  exceed  fifty  cents  on  the  one  hundred 
dollars  valuation  of  property,  real  and  personal,  and  the  purpose  of  the 
tax.  The  first  publication  shall  be  at  least  thirty  days  before  the  election. 
A  new  registration  of  the  qualified  voters  of  the  territory  shall  be  ordered, 
and  notice  of  said  new  registration  shall  be  deemed  to  be  sufficiently 
given  by  publication  once  in  some  newspaper  published  or  circulating  in 
said  district  at  least  thirty  days  before  the  close  of  the  registration  books. 
This  notice  of  registration  may  be  considered  one  of  the  three  notices 
required  of  the  election.  Such  published  notice  of  registration  shall  state 
the  days  on  which  the  books  will  be  open  for  registration  of  voters  and 
the  place  or  places  on  which  they  will  be  open  on  Saturdays.  The  books 
of  such  new  registration  shall  close  on  the  second  Saturday  before  the 
election.  The  Saturday  before  the  election  shall  be  challenge  day  and  except 
as  otherwise  provided  in  this  act  such  election  shall  be  held  in  accordance 
with  the  law  governing  general  elections.  At  the  election  those  who  are 
in  favor  of  the  levy  and  collection  of  the  taxes  shall  vote  a  ticket  on  which 
shall  be  printed  or  written  the  words  “For  local  tax,”  and  those  who 
oppose  shall  vote  a  ticket  on  which  shall  be  printed  or  written  the  words 
“Against  local  tax.”  All  other  details  of  said  election  shall  be  fixed  by 
the  board  or  other  governing  body  ordering  the  election,  and  the  expenses 
of  holding  and  conducting  the  election  in  all  districts  other  than  in  special 
charter  districts  shall  be  provided  by  the  county  board  of  education  out 
of  the  Operating  and  Equipment  Fund  of  the  county.  But  the  expenses 
of  conducting  the  election  in  all  special  charter  districts  shall  be  paid  by 
the  board  of  trustees  of  said  district  out  of  the  local  tax  funds  of  the 
district. 

Sec.  222.  Levy  and  collection  of  taxes.  In  case  a  majority  of  the 
qualified  voters  in  the  district  or  territory  referred  to  above  shall  vote  at 
the  election  in  favor  of  the  tax,  it  shall  be  annually  levied  and  collected 
in  the  manner  prescribed  for  the  levy  and  collection  of  other  taxes,  and 
the  maximum  rate  so  voted  shall  be  levied,  unless  the  county  board  of 
education  or  board  of  trustees  shall  request  a  levy  at  a  lower  rate,  in 
which  event  the  rate  requested  shall  be  levied  and  collected;  and  the 
county  superintendent  of  schools  and  the  officer  in  charge  of  county  tax 
records  shall  keep  records  in  their  respective  offices,  showing  the  valua¬ 
tion  of  the  property,  real  and  personal,  in  the  district,  the  rate  of  tax 
authorized  annually  to  be  levied,  and  the  amount  annually  derived  from 
the  local  tax,  and  it  shall  be  illegal  for  any  part  of  the  local  tax  funds 
to  be  used  for  any  other  purpose  other  than  to  supplement  the  funds 
for  a  six  months  school  term  in  the  district. 

Sec.  223.  Increasing  levy  in  districts  having  less  than  fifty  cent  rate. 
Authority  is  hereby  given  any  local  tax  district  having  voted  a  maximum 
rate  less  than  fifty  cents  to  increase  the  levy  to  a  maximum  of  fifty  cents 
on  the  one  hundred  dollars  valuation  of  property,  real  and  personal.  Such 
increase  shall  be  made  after  an  election  has  been  held  as  provided  for  in 

this  article. 


60 


Public  School  Law  of  North  Carolina 


Sec.  224.  Validating  rates  heretofore  voted.  If  any  local  tax  district 
in  which  a  fixed  or  maximum  rate  of  more  than  thirty  cents,  but  not 
exceeding  fifty  cents,  has  been  voted  at  one  election  under  the  authority 
of  sections  5526  and  5535,  Consolidated  Statutes,  the  election  in  all  re¬ 
spects  is  hereby  validated. 

Sec.  225.  Frequency  of  election.  In  the  event  that  a  majority  of  the 
qualified  voters  of  a  district  do  not  at  the  election  cast  their  votes  for  the 
local  tax,  another  election  or  elections  under  the  provisions  of  this  article 
may  be  held  after  the  lapse  of  six  months  in  the  same  district. 

Sec.  226.  Enlargement  of  local  tax  or  special  charter  districts.  Upon 
a  written  petition  of  a  majority  of  the  governing  board  of  any  district,  the 
county  board  of  education,  after  approving  the  petition,  shall  present  the 
same  to  the  board  of  county  commissioners  and  ask  for  an  election  on  the 
question  of  the  enlargement  of  the  boundary  lines  of  any  such  district 
so  as  to  include  any  contiguous  territory,  and  an  election  in  such  new  terri¬ 
tory  may  be  ordered  and  held  under  rules  governing  elections  for  local 
taxes  as  provided  in  this  article:  Provided ,  the  local  tax  rate  specified 
in  the  petition  and  submitted  to  the  qualified  voters  shall  be  a  local  tax 
of  the  same  rate  as  that  voted  in  the  said  district  to  which  the  territory 
is  to  be  added.  If  a  majority  of  the  qualified  voters  in  such  new  territory 
shall  vote  in  favor  of  such  'tax,  the  new  territory  shall  be  and  become  a 
part  of  said  district,  and  the  term  “local  tax  of  the  same  rate”  herein  used 
shall  include,  in  addition  to  the  usual  local  tax,  any  tax  levied  to  meet  the 
interest  and  sinking  fund  of  any  bonds  heretofore  issued  by  the  district 
proposed  to  be  enlarged.  In  case  a  majority  of  the  qualified  voters  at 
the  election  shall  vote  in  favor  of  the  tax,  the  district  shall  be  deemed 
enlarged  as  so  proposed. 

0.  S.,  5530,  revised. 

Sec.  227.  Abolition  of  district  upon  election.  Upon  petition  of  one-half 
of  the  qualified  voters  residing  in  any  local  tax  district  established  under 
this  article,  the  same  shall  be  endorsed  and  approved  by  the  county  board 
of  education,  and  the  board  of  county  commissioners  shall  order  another 
election  in  the  district  for  submitting  the  question  of  revoking  the  tax 
and  abolishing  the  district,  to  be  held  under  the  provisions  prescribed 
in  this  act  for  holding  other  elections.  It  shall  be  the  duty  of  the  board 
of  education  to  endorse  the  petition  when  presented,  containing  the  proper 
number  of  names  of  qualified  voters,  and  this  provision  is  made  manda¬ 
tory,  and  the  board  is  allowed  no  discretion  to  refuse  to  endorse  the  same 
when  so  presented.  If  at  the  election  a  majority  of  the  qualified  voters  in 
the  district  shall  vote  “Against  Local  Tax,”  the  tax  shall  be  deemed  re¬ 
voked  and  shall  not  be  levied,  and  the  district  shall  be  discontinued. 

C.  S.,  5531,  revised. 

Sec.  228.  Local  tax  district  in  debt  may  not  be  abolished.  The  pro¬ 
visions  of  this  article  as  to  abolishing  local  tax  districts  shall  not  apply 
when  such  local  tax  district  is  in  debt  in  any  sum  whatever. 

Sec.  229.  Election  for  abolition  not  oftener  than  once  a  year.  No 
election  for  revoking  a  local  tax  in  any  local  tax  district  shall  be 
ordered  and  held  in  the  district  within  less  than  one  year  from  the  date 


Districts  Authorized  to  Vote  Local  Taxes 


61 


of  the  election  at  which  the  tax  was  voted  and  the  district  established, 
nor  at  any  time  within  less  than  one  year  after  the  date  of  the  last  election 
on  the  question  of  revoking  the  tax  in  the  district;  and  no  petition  re¬ 
voking  such  tax  shall  be  approved  by  the  county  board  of  education 
oftener  than  once  a  year:  Provided,  this  section  shall  not  apply  to  any 
indirect  abolition  or  reduction  of  taxes  as  may  be  elsewhere  provided. 

C.  S.,  5533,  revised. 

Sec.  230.  Enlarging  boundaries  of  district  within  incorporated  town. 
Every  school  district  in  this  State  which  is  situated  entirely  within  and 
is  coterminous  with  the  boundary  lines  of  an  incorporated  town  or  city, 
which,  by  reason  of  changes  made  in  the  corporate  limits  of  such  city  or 
town  after  the  establishment  of  such  school  district,  is  not  coterminous 
with  such  city  or  town,  may  be  made  coterminous  with  such  city  or  town 
by  the  county  board  of  education,  which  may  consolidate  the  newly  in¬ 
corporated  territory  with  the  school  district  heretofore  created:  Provided, 
the  tax  rates  are  the  same. 

Sec.  231.  Transfer  of  persons  living  contiguous  to  local  tax  or  special 
charter  districts.  (See  Section  78.) 

O.  S.,  5478. 

Sec.  232.  Local  tax  districts  from  portions  of  contiguous  counties. 
Local  tax  districts  may  be  formed  as  provided  in  this  article  out  of  con¬ 
tiguous  portions  of  two  or  more  counties.  The  petition  for  such  a  district 
must  be  endorsed  by  the  boards  of  education  of  such  counties. 

The  commissioners  of  each  county  shall  then  provide  a  separate  polling 
place  and  officers  of  the  election  as  if  there  are  two  or  more  elections 
to  be  held.  If  a  majority  of  the  voters  in  the  portion  in  each  county 
approve  the  tax,  the  district  shall  thereby  be  incorporated.  The  governing 
body  shall  be  a  board  of  trustees  composed  of  five  members,  who  shall 
serve  for  a  term  of  three  years,  but  shall  be  so  elected  that  the  term 
of  a  majority  shall  not  expire  in  any  one  year.  The  trustees  shall  have 
authority  to  elect  school  officials  and  teachers,  to  erect-,  repair  and 
locate  buildings,  and  to  do  all  things  necessary  to  maintain  a  school 
or  schools  in  said  district  not  inconsistent  with  the  provisions  of 
this  act.  They  shall  be  selected  by  the  county  superintendent  of  the 
counties  from  which  the  joint  district  is  formed,  but  the  members  shall 
be  residents  of  the  districts.  In  case  the  superintendents  cannot 
agree,  the  superintendent  of  the  county  in  which  the  building  is  located 
or  is  to  be  located  shall  select  three  and  the  other  superintendent  or 
superintendents  shall  select  two:  Provided,  that  after  the  first  board  is 
selected  the  superintendents  may  agree  to  permit  the  committee  to  fill  all 
vacancies  on  the  board.  But  in  case  of  dissatisfaction  on  the  part  of  the 
patrons,  the  superintendents  by  agreement  may  change  the  method  of 
selecting  the  board  back  to  either  method  provided  above.  The  district 

so  formed  shall  be  a  body  corporate  by  the  name  and  style  of  “ . 

Joint  School  District  of  . - . Counties."  The  specific  name  of  the 

district  shall  be  agreed  upon  by  the  superintendents.  The  board  of  trustees 
of  said  district  shall  appoint  a  chairman  and  secretary  of  the  board  and 
a  tax  collector  who  shall  collect  all  local  school  taxes,  including  bond 


62 


Public  School  Law  of  North  Carolina 


taxes,  if  any,  of  the  joint  district,  and  who  shall  be  required  to  give  bond 
in  such  sum  and  with  such  securities  as  may  be  approved  by  the  board, 
and  he  shall  deposit  all  money  collected  with  the  treasurer  of  the  county 
in  which  the  school  building  is  or  is  to  be  located,  and  this  shall  be  held 
as  a  separate  fund  by  the  treasurer  and  placed  to  the  credit  of  the  district. 
Such  county  treasurer  shall  be  the  custodian  of  all  funds  of  the  district. 
Any  such  joint  school  district  may  issue  bonds  as  elsewhere  provided  in 
this  act,  except  that  in  lieu  of  a  request  therefor  by  the  county  board  of 
education  the  request  shall  be  from  the  board  of  trustees  of  the  joint 
district,  and  no  petition  of  the  county  board  of  education  shall  be  necessary, 
and  the  said  election  shall  be  called  and  held  by  the  board  of  trustees  of 
the  joint  district,  and  returns  shall  be  made  to  it  and  canvasses  by  it, 
and  records  thereof  shall  be  kept  as  elsewhere  provided  in  this  act  for 
the  conduct,  canvass,  returns  and  records  of  bond  elections.  The  election 
shall  be  held  under  “Rules  Governing  Elections  for  Local  Taxes,”  as  pro¬ 
vided  in  this  article. 

Sec.  233.  District  already  created  out  of  portion  of  two  or  more  counties. 
Districts  that  have  already  been  created  out  of  portions  of  two  or  more 
counties  may  be  incorporated  in  the  following  manner:  Upon  petition 
of  the  county  board  of  education  of  each  county  calling  for  an  election 
the  commissioners  of  each  county  shall  call  an  election  which  shall  be 
conducted  in  all  respects  as  an  election  for  voting  local  taxes.  But  the 
qualified  voters  in  favor  of  incorporation  shall  cast  a  ballot  on  which  is 
written  or  printed  “For  Incorporation,”  and  those  against  shall  cast  a 
ballot  on  which  is  written  or  printed  “Against  Incorporation.”  If  a  majority 
of  the  qualified  voters  in  the  portion  in  each  county  shall  cast  their  ballots 
for  incorporation,  the  district  is  thereby  incorporated  and  shall  possess 
all  the  authority  of  incorporated  districts  as  provided  in  this  article. 

Art.  18.  Special  School  Taxing  Districts 

Sec.  234.  School  taxing  districts  created.  The  following  territorial  divi¬ 
sions  of  a  county  are  hereby  declared  to  be  special  school  taxing  districts 
in  which  special  school  taxes  may  be  voted  as  hereinafter  provided:  (1) 
A  township;  (2)  Two  or  more  contiguous  or  consecutive  districts,  all  of 
which  may  be  embraced  within  one  common  boundary;  (3)  Two  or  more 
contiguous  or  consecutive  townships  all  of  which  may  be  embraced  within 
one  common  boundary;  (4)  One  or  more  districts  and  one  or  more  town¬ 
ships  contiguous,  all  of  which  may  be  embraced  within  one  common 
boundary,  and  (5)  the  entire  county  excluding  one  or  more  townships  or 
one  or  more  special  charter  districts. 

Sec.  235.  Boundary  lines.  The  county  board  of  education,  after  ascer¬ 
taining  in  what  special  school  taxing  district  it  is  desirable  to  levy  a 
special  tax  for  schools,  in  addition  to  the  county  tax  for  the  six  months 
school  term  shall  define  or  describe  the  boundary  lines  so  as  to  include 
the  territorial  divisions  embracing  only  the  special  school  taxing  district 
in  which  a  special  school  tax  election  for  schools  is  to  be  called,  and  to 
exclude  all  other  territory.  The  boundary  lines  of  the  special  school  tax- 


Special  School  Taxing  Districts 


63 


ing  district,  having  been  defined  and  recorded  on  the  minutes  of  the  board 
of  education,  a  special  school  tax  election  may  he  held  as  hereinafter 
provided  to  equalize  school  advantages  within  the  special  school  taxing 
district. 


Sec.  236.  Petition  for  an  election.  The  petition  for  an  election  in  a 
special  school  taxing  district  shall  be  made  as  follows:  The  governing 
school  boards  of  at  least  a  majority  of  the  school  districts  within  the  special 
school  taxing  district  shall  endorse  the  petition  and  it  shall  be  approved 
by  the  county  board  of  education.  Said  petition  shall  state  the  maximum 
rate  of  tax  to  be  voted  on  which  rate  shall  not  exceed  50  cents  on  the 
one  hundred  dollars  valuation  of  all  property,  real  and  personal. 


Sec.  237.  The  election.  Whenever  a  petition  properly  endorsed  and 
approved  is  presented  to  the  board  of  county  commissioners,  said  board 
shall  call  an  election  in  said  special  school  taxing  district  and  fix  a  date 
for  holding  the  same.  The  rules  governing  the  election,  the  levy  and  col¬ 
lection  of  taxes,  and  the  frequency  of  elections  in  a  special  school  taxing 
district  shall  be  the  same  as  rules  governing  elections,  the  levy  and  col¬ 
lection  of  taxes,  and  the  frequency  of  elections  as  provided  in  article  17 
of  this  act. 


Sec.  238.  Special  school  taxing  districts.  If  a  majority  of  the  qualified 
electors  in  the  special  school  taxing  district  shall  vote  in  favor  of  the 
special  school  tax,  then  it  shall  operate  to  repeal  all  school  taxes  thereto¬ 
fore  voted  in  any  local  tax  or  special  charter  district  located  within  said 
special  school  taxing  district,  except  such  taxes  as  may  have  been  voted 
in  said  local  tax  or  special  charter  district  to  pay  the  interest  on  bonds  and 
to  retire  bonds  outstanding.  But  the  county  board  of  education  shall  have 
the  authority  to  assume  all  indebtedness,  bonded  and  otherwise,  of  said 
local  tax  or  special  charter  district  and  pay  all  or  a  part  of  the  interest 
and  installments  out  of  the  revenue  derived  from  the  rate  voted  m  the 
special  school  taxing  district:  Provided ,  the  revenue  is  sufficient  to 
equalize  educational  advantages  and  pay  all  or  a  part  of  the  interest 
and  installments  on  said  bonds. 


Sec.  239.  Organization  of  the  schools  in  special  school  taxing  districts. 
The  county  board  of  education  is  hereby  authorized  to  organize  the  schools 
in  a  special  school  taxing  district  after  a  special  school  tax  has  been  voted, 
in  such  a  way  as  to  equalize  educational  opportunities  within  said  district. 
Transportation  of  pupils  may  be  provided  for  wherever  the  needs  are 
apparent  out  of  county  funds  for  the  six  months  school  term  and  out  of 
funds  derived  from  special  school  taxes  for  the  remainder  of  the  term 
But  all  consolidation  of  schools  in  said  special  taxing  dis  ric  s  * 
accordance  with  article  6,  which  provides  for  creating  and  consolida  g 

school  districts. 


Akt.  19.  Legal  Attendance  of  Pupils  in  Local  Tax  or  Special 

Charter  Districts 

Sec  240  Children  residing  in  a  school  district  shall  have  the  advantage 
of  the  public  school.  The  following  persons  residing  in  local  tax,  special 


64 


Public  School  Law  of  North  Carolina 


charter  or  special  school  taxing  districts  shall  be  entitled  to  all  the  privi¬ 
leges  and  advantages  of  the  public  schools  of  said  district  or  districts  unless 
removed  from  school  for  cause: 

(a)  All  residents  of  the  district  who  have  not  completed  the  prescribed 
course  for  graduation  in  the  high  school. 

(b)  All  children  whose  parents  have  recently  moved  into  the  district 
for  the  purpose  of  making  their  legal  residence  in  the  same. 

(c)  Any  child  or  children  living  with  either  the  father  or  the  mother 
or  guardian  who  has  made  his  or  her  permanent  home  within  the  district. 

(d)  Any  child  received  into  the  home  of  any  person  residing  in  the 
district  as  a  member  of  the  family,  who  receives  board  and  other  support 
free  of  cost. 

Sec.  241.  Credits  on  tuition  to  non-residents  whose  children  attend  in 
district.  Any  parent  or  person  in  loco  parentis  residing  outside  of  any 
local  tax,  special  charter  or  special  school  taxing  district,  and  owning 
property  within  said  district,  whose  child,  children,  or  wards  shall  attend 
school  in  said  district,  shall  be  entitled  to  receive  as  a  credit  on  the  tuition 
of  said  child,  children,  or  wards  the  amount  of  special  school  taxes  paid 
on  said  property.  The  county  board  of  education  may  arrange  with  any 
such  district  to  send  any  child  or  children  residing  in  the  county  to  the 
school  in  such  district,  if  they  are  without  adequate  educational  advantages, 
for  the  constitutional  term  of  six  months,  and  to  pay  the  actual  cost  of 
the  instruction  of  the  children,  including  the  appropriations  from  the  six 
months  school  fund. 

0.  S.,  5477,  revised. 

Art.  20.  Special  County  Tax  in  Which  Part  of  Local  Taxes  May 

be  Retained 

Sec.  242.  Election  upon  petition  of  county  board  of  education.  Upon 
the  petition  of  the  county  board  of  education  of  any  county,  the  county 
commissioners  shall  order  an  election  to  be  held  in  the  county  to  ascertain 
the  will  of  the  people  whether  there  shall  be  levied  on  all  taxable  property 
and  polls  in  the  county  a  special  county  tax  not  to  exceed  fifty  cents  on 
the  one  hundred  dollars  valuation  of  property,  to  supplement  the  six 
months  school  fund  of  the  county. 

Sec.  243.  Rules  governing  election.  The  election  shall  be  conducted 
for  the  county  as  nearly  as  may  be  under  the  “Rules  Governing  Elections 
for  Local  Taxes”  as  provided  in  this  act. 

Sec.  244.  Maximum  tax  levy.  In  the  event  that  a  majority  of  the  qual¬ 
ified  voters  at  said  election  shall  vote  in  favor  of  a  special  county  tax, 
said  tax  shall  be  in  addition  to  all  taxes  theretofore  voted  in  any  local 
tax  or  special  charter  district,  except  as  provided  in  section  245.  The 
maximum  rate  voted  shall  be  annually  levied  and  collected  each  year  in 
the  same  manner  and  at  the  same  time  as  other  taxes  of  the  county  are 
levied  and  collected,  unless  the  county  board  ofi  education  shall  petition 
for  a  lower  rate.  In  that  event  the  county  commissioners  shall  levy  the 
rate  requested. 


Bonds  :  County  and  District 


65 


Sec.  245.  The  rate  in  local  tax  or  special  charter  districts.  Whenever 
the  maximum  special  county  tax  rate  levied  or  to  he  levied  under  the 
provisions  of  this  article  is  less  than  50  cents,  each  local  tax,  special 
charter  or  special  school  taxing  district  shall  have  the  authority  to  levy 
an  additional  rate,  not  in  excess  of  the  local  tax  rate  voted  in  the  district, 
but  the  total  special  tax  levy  in  said  district,  including  the  special  county 
tax  rate  and  the  special  local  tax  rate  shall  not  exceed  50  cents  on  the 
hundred  dollar  valuation  of  all  property,  real  and  personal:  Provided , 
this  limitation  shall  not  apply  to  taxes  for  bonds  or  other  indebtedness 
which  remain  an  obligation  against  the  district,  unless  such  indebtedness 
is  assumed  by  the  county  board  of  education,  and  full  provisions  are  made 
for  the  payment  of  the  same. 

All  indebtedness,  bonded  and  otherwise,  of  said  district  or  districts  may 
be  assumed  by  the  county  board  of  education;  and  such  indebtedness,  if 
assumed  by  the  county  board  of  education,  shall  be  paid  out  of  the  special 
county  tax  levied  under  the  provisions  of  this  article. 


Sec.  246.  Subsequent  elections  upon  failure  of  first.  In  case  a  majority 
of  qualified  voters  of  said  election  in  any  county  shall  fail  to  vote  for 
special  county  tax,  on  petition  of  a  majority  of  the  members  of  the  county 
board  of  education  of  the  county,  the  county  commissioners  may,  after 
six  months,  order  another  election  in  the  same  manner  and  under  the 
same  rules  governing  elections  for  local  taxes. 

C.  S.,  5509,  revised. 

Sec.  247.  Payment  of  election  expenses.  The  expense  of  holding  said 
election  shall  be  paid  out  of  the  school  fund  of  the  county. 

Art.  21.  Obsolete 


0.  s., 

5510, 

revised. 

Sec. 

248. 

Obsolete. 

Sec. 

249. 

Obsolete. 

Sec. 

250. 

Obsolete. 

Sec. 

251. 

Obsolete. 

Sec. 

252. 

Obsolete. 

Sec. 

253. 

Obsolete. 

Sec. 

254. 

Obsolete. 

Sec. 

255. 

Obsolete. 

Sec. 

256. 

Obsolete. 

BONDS  AND  LO 

LRT. 

22. 

Authority 

trict 

Sec. 

257. 

Elections; 

PART  VIII 


tion  shall  so  petition,  the  ooaru  ui  “ 

shall  order  a  special  election  to  be  held  in  any  county  or  spec.al  school- 


66 


Public  School  Law  of  North  Carolina 


taxing  district,  or  in  any  local-tax  district  within  which  a  union  school  is 
maintained,  for  the  purpose  of  voting  upon  the  question  of  issuing  bonds 
and  levying  a  sufficient  tax  for  the  payment  thereof  for  the  purpose  of 
acquiring,  erecting,  enlarging,  altering  and  equipping  school  buildings  and 
purchasing  sites  in  such  county  or  district,  or  for  any  one  or  more  of  said 
purposes.  Said  election  shall  be  called  and  held  under  the  same  rules 
and  regulations  as  provided  in  this  act  for  “Local  Tax  Elections  for 
Schools”  (Article  17).  The  ballots  to  be  used  in  said  election  shall  have 

written  or  printed  thereon  the  words  “For  the  issuance  of  $ .  school 

bonds  and  the  levying  of  a  tax  for  the  payment  thereof,”  and  “Against 

issuance  of  $ .  school  bonds  and  the  levying  of  a  tax  for  the  payment 

thereof.” 

Sec.  258.  Bonds;  how  issued.  If  a  majority  of  the  qualified  voters  of 
said  county  or  district  shall  vote  in  favor  of  the  issuance  of  said  bonds 
and  the  levy  of  said  tax,  then  the  board  of  county  commissioners  shall  have 
power  to  issue  the  said  bonds  which  bonds  shall  be  issued  in  the  name 
of  the  county,  but  unless  the  election  was  held  in  the  entire  county  they 
shall  be  made  payable  exclusively  out  of  taxes  to  be  levied  in  the  district. 
They  shall  be  issued  in  such  form  and  denominations,  and  with  such  provi¬ 
sions  as  to  time,  place  and  medium  of  payment  of  principal  and  interest 
as  the  said  board  may  determine,  subject  to  the  limitations  and  restrictions 
of  this  act.  They  may  be  issued  as  one  issue,  or  divided  into  two  or  more 
separate  issues,  and  in  either  case  may  be  issued  at  one  time,  or  in  blocks, 
from  time  to  time.  The  bonds  shall  be  serial  bonds,  and  each  issue  thereof 
shall  so  mature  that  the  aggregate  principal  amount  of  the  issue  shall 
be  payable  in  annual  installments  or  series,  beginning  not  more  than  three 
years  after  the  date  of  the  bonds  of  such  issue,  and  ending  not  more  than 
thirty  years  after  such  date.  No  such  installment  shall  be  more  than 
two  and  one-half  times  as  great  in  amount  as  the  smallest  prior  installment 
of  the  same  bond  issue.  The  bonds  shall  bear  interest  at  a  rate  not  ex¬ 
ceeding  six  per  cent  per  annum,  payable  semi-annually,  and  may  have 
interest  coupons  attached,  and  may  be  made  registrable  as  to  principal 
or  as  to  both  principal  and  interest.  They  shall  be  signed  by  the  chairman 
of  the  board  of  county  commissioners,  and  the  seal  of  the  county  shall  be 
affixed  to  or  impressed  on  each  bond  and  attested  by  the  register  of  deeds 
of  the  county  or  by  the  clerk  of  said  board;  and  (the  interest  coupons 
shall  bear  the  printed,  lithographed  or  etched  facsimile  signature  of  such 
chairman.  The  delivery  of  bonds,  signed  as  aforesaid  by  officers  in  office 
at  the  time  of  such  signing,  shall  be  valid,  notwithstanding  any  changes 
in  office  occurring  after  such  signing. 

Sec.  259.  Bonds;  liow  sold.  The  said  bonds  shall  be  sold  by  the  board 
of  county  commissioners  in  the  manner  provided  by  the  Municipal  Finance 
Act  then  in  force  for  the  sale  of  bonds  of  cities  and  towns.  They  shall  not 
be  sold  for  less  than  par  and  accrued  interest. 

Sec.  260.  Proceeds  of  bonds.  The  proceeds  derived  from  the  sale  of 
said  bonds  shall  be  turned  over  to  the  county  treasurer,  who  shall  hold 
same  under  his  official  bond,  and  shall  be  placed  in  a  separate  fund,  and 
paid  out,  for  the  purpose  for  which  the  bonds  were  issued,  only  upon  order 


Bonds  :  County  and  District 


67 


of  the  county  board  of  education:  Provided ,  that  no  treasurer  handling 
the  funds  derived  from  the  sale  of  any  school  bonds  shall  receive  any 
commission  therefor. 

Sec.  261.  Taxes  for  interest  and  principal.  In  the  event  the  issue  of 
said  bonds  is  authorized  by  the  voters  as  above  provided,  and  when  same 
are  issued,  the  board  of  county  commissioners  is  hereby  authorized  and 
directed  to  levy  annually  a  special  tax,  ad  valorem,  on  all  taxable  property 
in  said  county  if  county  bonds  are  authorized,  or  in  said  district  if  district 
bonds  are  authorized,  sufficient  to  pay  the  principal  and  interest  of  said 
bonds  as  such  principal  and  interest  become  due.  Such  special  tax  shall 
be  in  addition  to  all  other  taxes  authorized  to  be  levied  in  such  county  or 
district.  The  taxes  provided  for  in  this  section  shall  be  collected  by  the 
county  officer  collecting  other  taxes,  and  paid  over  by  him  to  the  county 
treasurer,  who  shall  hold  same  under  his  official  bond,  and  be  applied 
solely  to  the  payment  of  principal  and  interest  of  said  bonds. 

Sec.  262.  Frequency  of  elections.  Nothing  in  this  act  shall  be  con¬ 
strued  as  preventing  more  than  one  election  and  more  than  one  bond 
issue  in  the  same  school  district  under  this  act. 

Sec.  263.  Bonds  in  special  charter  districts.  Elections  may  be  held  in 
special  charter  districts  and  bonds  issued  and  taxes  levied  to  pay  the  same 
in  the  manner  provided  by  the  previous  sections  of  this  article,  except 
as  otherwise  provided  in  this  section. 


Subsection  (a).  In  the  case  of  every  special  charter  district  cotermin¬ 
ous  with  an  incorporated  city  or  town  having  authority  by  virtue  of  its 
charter,  or  other  special  or  local  laws,  to  maintain  a  system  of  schools, 
the  petition  for  the  election  shall  be  made  to  the  principal  governing 
body  of  each  city  or  town  by  the  board  of  trustees,  unless  said  board  is 
the  principal  governing  body  of  said  city1  or  town,  in  which  case  no  petition 
shall  be  necessary.  But  said  principal  governing  body  may,  in  its  dis¬ 
cretion,  grant  or  refuse  said  petition.  In  every  special  charter  district 
of  the  kind  described  in  this  sub-section,  all  powers  and  duties  conferred 
or  imposed  by  this  article  on  boards  of  county  commissioners  shall  be 
exercised  and  performed  by  the  principal  governing  body  of  said  city  or 
town  with  which  the  district  is  coterminous,  and  the  bonds  shall  be  issued 
in  the  corporate  name  of  each  city  oi  town. 

Sub-section  (b).  In  the  case  of  special  charter  districts  not  coterminous 


exercised  and  performed  by  said  principal  governing  body. 


6S 


Public  School  Law  of  Horth  Carolina 


Bonds  of  districts  of  the  kind  described  in  this  sub-section  shall  be 
issued  in  the  corporate  name  of  the  district,  if  the  district  is  incorporated 
or  in  the  corporate  name  of  the  board  of  trustees,  if  the  district  is  not 
incorporated. 

Sec.  264.  Limit  of  bonds.  No  bonds  shall  be  issued  by  or  on  behalf  of 
a  district  under  this  act  which,  including  indebtedness  for  schools  thereof 
then  outstanding,  shall  exceed  five  per  cent  of  the  assessed  valuation  of 
taxable  property  therein;  and  no  school  indebtedness  of  any  kind  or 
nature  shall  be  created  or  assumed  by  a  county  under  this  act,  including 
all  school  indebtedness  of  such  county  and  the  aggregate  amount  of  all 
school  indebtedness  of  the  districts  within  such  county  in  excess  of  five 
per  cent  of  the  assessed  valuation  of  taxable  property  within  such  county. 
In  computing  the  amount  of  indebtedness  under  the  district  or  the  county 
limitations  hereinabove  fixed,  school  indebtedness  of  cities  and  towns  lying 
within  a  school  district  or  within  a  county  shall  be  included  as  if  the 
same  were  a  school  district  indebtedness,  but  there  shall  not  be  included 
any  indebtedness  of  a  district,  city,  town,  or  county  payable  from  current 
revenues,  and  school  bonds  issued  under  the  provisions  of  this  act  shall 
not  be  subject  to  any  debt  limitation  by  any  other  act. 

Sec.  265.  Bonds  authorized  by  other  acts.  If  bonds  or  other  indebted¬ 
ness  have  heretofore  been  voted  under  any  act-and  have  not  yet  been  issued 
or  incurred,  they  may  be  issued  or  incurred  pursuant  to  the  provisions 
of  the  act  under  which  they  were  voted.  But  nothing  in  this  article  shall 
be  construed  to  prevent  any  city  or  town  from  issuing  bonds  for  school 
purposes  under  the  provisions  of  the  Municipal  Finance  Act.  Any  city 
or  town  now  having  the  power  to  issue  bonds  for  school  purposes  under 
the  Municipal  Finance  Act,  may,  at  its  option,  issue  such  bonds  either 
under  the  Municipal  Finance  Act  or  under  this  act. 

Art.  23.  County  Commissioners  Directed  to  Lund  School 

Indebtedness 

Sec.  266.  Indebtedness  for  necessary  expenses.  When  the  outstanding 
indebtedness  created  for  the  necessary  expenses  of  conducting  the  six 
months  school  term  for  the  previous  year  or  years  exceeds  the  sum  of 
ten  thousand  dollars  ($10,000.00)  then  the  board  of  county  commissioners 
is  authorized,  empowered  and  directed  to  fund  the  same  by  issuing  either 
the  serial  notes  of  the  county  or  serial  bonds  of  the  county  for  the  amount 
of  such  indebtedness.  If  notes  be  issued,  they  shall  be  issued  in  such 
form  and  shall  carry  such  rate  of  interest  not  in  excess  of  six  per  cent 
(6%)  and  payable  at  such  time  and  places  as  to  the  commissioners  shall 
seem  best. 

Sec.  267.  Bonds;  how  issued.  In  the  event  that  bonds  are  issued,  they 
shall  be  issued  in  such  denominations  and  form  and  with  such  provisions 
as  to  time,  place  and  medium  of  payment  of  principal  and  interest  as  such 
board  of  commissioners  may  determine,  subject  to  the  following  limita¬ 
tions  and  restrictions:  Said  bonds  shall  bear  interest  at  a  rate  not  ex¬ 
ceeding  six  per  cent  (6%)  per  annum,  payable  semi-annually.  They  shall 


Funding  School  Indebtedness 


69 


be  coupon  bonds  and  shall  be  signed  by  the  chairman  of  said  board  of 
county  commissioners  and  the  seal  of  the  county  shall  be  affixed  to  said 
bonds  and  attested  by  the  Register  of  Deeds  of  said  county.  Said  bonds 
shall  mature  in  annual  installments  or  series  of  one  or  more  bonds,  the 
last  of  which  installments  shall  be  payable  not  more  than  thirty  (30) 
years  after  the  date  of  issue.  No  single  installment  or  series  shall  be 
more  than  two  and  one-half  (2y2)  times  as  great  in  amount  as  the 
smallest  prior  installment  of  said  issue.  The  coupons  of  said  bonds  shall 
be  authenticated  by  a  printed  or  lithographed  or  engraved  facsimile  sig¬ 
nature  of  the  chairman  of  said  board  who  is  in  office  on  the  date  of  said 
bonds.  The  delivery  of  said  bonds  signed  as  aforesaid,  shall  be  valid 
notwithstanding  any  changes  occurring  in  office  after  the  signing  of  said 
bonds.  Said  bonds  shall  be  sold  by  the  board  of  commissioners  of  the 
county  in  the  manner  provided  by  the  Municipal  Finance  Act  of  the  State 
of  North  Carolina  for  the  sale  of  bonds  of  cities  and  towns.  Said  bonds 
shall  not  be  sold  for  less  than  par  and  accrued  interest.  The  proceeds 
of  said  bonds  shall  be  used  only  for  the  purpose  of  liquidating  the  out¬ 
standing  indebtedness  created  for  the  necessary  expense  of  conducting 
the  six  months  school  term  in  said  county  as  provided  by  law  for  the  year 
or  years  previous  to  the  year  1923.  Such  notes  or  bonds  issued  shall  not  be 
considered  a  part  of  the  indebtedness  of  the  county  in  reckoning  any  limit 
on  indebtedness. 


Sec.  268.  Commissioners  required  to  levy  tax.  The  commissioners  are 
hereby  authorized  and  directed  to  levy  anjiually,  at  the  date  fixed  by  law 
for  the  levying  of  other  county  taxes,  a  special  ad  valorem,  tax  upon  all 
taxable  property  in  their  county  for  the  purpose  of  paying  the  principal 
and  interest  of  all  bonds  and  notes  issued  under  the  provisions  of  this 
article  as  such  principal  and  interest  become  due,  which  shall  be  in  an 
amount  sufficient  for  said  purpose  and  shall  be  in  addition  to  all  other 
taxes  authorized  by  law  to  be  levied  in  said  county. 


Sec  269.  Determining  the  validity  of  the  bonds.  The  county  board  of 
education  of  any  county  in  which  the  outstanding  indebtedness  created  for 
the  necessary  expenses  of  conducting  the  six  months  school  term  exceeds 
five  thousand  ($5,000.00)  dollars,  and  said  board  shall  find  and  determine 
the  amount  of  outstanding  indebtedness  incurred  prior  to  1923  and  certify 
the  same  to  the  board  of  county  commissioners,  and  the  board  of  county 
commissioners  shall  then  advertise  the  amount  o£  the  debt  together  with 
Z  advertisement  for  the  sale  of  said  bonds  as  required  in  the  Municipal 
Finance  Act  Such  determination  by  the  county  board  of  education  after 
being  duty  advertised  by  the  county  commissioners,  shall  be  conclusive 
in  any  suit,  action  or  proceeding  involving  ^in 

^ZraiZZ^Z^ZZZtice  of  sale  of  said  bonds. 

a  „  ,vn  T, mins.  Wherever  any  board  of  county  commissioners  has 
6  '  '  -  funds  borrowed  to  erect  buildings  at  the  request  of  the 

issued  notes  fo  provide  necessary  school  buildings 

county  board  of  education  m  orter,  to  p  ^  ^  ^  ^  ^ 

ZaUoZof  the^same'have  been  approved  by  the  State  Superintendent  of 


70 


Public  School  Law  of  North  Carolina 


Public  Instruction,  the  said  note  or  notes  are  hereby  validated  in  all  re¬ 
spects,  and  the  debt  may  be  funded  as  provided  in  this  article. 

Sec.  271  and  272.  Obsolete. 

Art.  24.  Loans  from  State  Literary  Fund 

Sec.  273.  Made  by  State  Board  from  State  literary  fund.  The  State 
Board  of  Education,  under  such  rules  and  regulations  as  it  may  deem  ad¬ 
visable,  not  inconsistent  with  the  provisions  of  this  article,  may  make 
loans  from  the  State  Literary  Fund  to  the  county  board  of  education  of 
any  county  for  the  building  and  improving  of  public  schoolhouses  or 
dormitories  for  rural  high  schools  and  teacherages  and  buildings  for 
county  farm-life  schools  in  such  county;  but  no  warrant  for  the  expendi¬ 
ture  of  money  for  such  purposes  shall  be  issued  by  the  Auditor  except  upon 
the  order  of  the  State  Superintendent  of  Public  Instruction,  with  the 
approval  of  the  State  Board  of  Education. 

0.  S.,  5681. 

Sec.  274.  Terms  of  loans.  Loans  made  under  the  provisions  of  this 
article  shall  be  payable  in  ten  installments,  shall  bear  interest  at  four 
per  centum,  payable  annually,  and  shall  be  evidenced  by  the  note  of  the 
county  board  of  education,  executed  by  the  chairman  and  secretary  thereof, 
and  deposited  with  the  State  Treasurer.  The  first  installment  of  such 
loan,  together  with  the  interest  on  the  whole  amount  then  due,  shall  be 
paid  by  the  county  board  on  the  tenth  day  of  February  after  the  tenth 
day  of  August  subsequent  to  the  making  of  such  loan,  and  the  remaining 
installments,  together  with  the  interest,  shall  be  paid,  one  each  year,  on 
the  tenth  day  of  February  of  each  subsequent  year  till  all  shall  have  been 
paid. 

C.  S.,  5673. 

Sec.  275.  How  secured  and  paid.  At  the  January  meeting  of  the  county 
board  of  education  before  any  installment  shall  be  due  on  the  next  tenth 
day  of  February,  the  county  board  shall  set  apart  out  of  the  school  funds 
an  amount  sufficient  to  pay  such  installment  and  interest  to  be  due,  and 
shall  issue  its  order  upon  the  treasurer  of  the  county  school  fund  therefor, 
who,  prior  to  the  tenth  day  of  February,  shall  pay  over  to  the  State 
Treasurer  the  amount  then  due.  And  any  amount  loaned  under  the  pro¬ 
visions  of  this  law  shall  be  a  lien  upon  the*  total  school  funds  of  such 
county,  in  whatsoever  hands  such  funds  may  be;  and  upon  failure  to 
pay  any  installment  or  interest,  or  part  of  either,  when  due,  the  State 
Treasurer  may  deduct  a  sufficient  amount  for  the  payment  of  the  same 
out  of  any  fund  due  any  county  from  any  special  State  appropriation  for 
public  schools,  or  he  may  bring  action  against  the  county  board  of  educa¬ 
tion  of  such  county,  any  person  in  whose  possession  may  be  any  part  of 
the  school  funds  of  the  county,  and  the  tax  collector  of  such  county;  and 
if  the  amount  of  school  funds  then  on  hand  be  insufficient  to  pay  in  full 
the  sum  so  due,  then  the  State  Treasurer  shall  be  entitled  to  an  order 
directing  the  tax  collector  of  such  county  to  pay  over  to  the  State 
Treasurer  all  moneys  collected  for  school  purposes  until  such  debt  and 


Loans  From  State  Literary  Fund 


71 


interest  shall  have  been  paid:  Provided,  this  lien  shall  not  lie  against 
taxes  collected  or  hereafter  levied  to  pay  interest  and  principal  on  bonds 
issued  by  the  authorities  of  any  county  or  any  district. 

C.  S..  5674. 

Sec.  276.  Loans  by  county  boards  to  school  districts.  The  county 
board  of  education,  from  any  sum  borrowed  under  the  provisions  of  this 
article,  may  make  loans  only  to  districts  that  have  already  levied  a  local 
tax  sufficient  to  repay  the  installments  and  interest  on  said  loan  for  the 
purpose  of  building  schoolhouses  in  the  district,  and  the  amount  so 
loaned  to  any  district  shall  he  payable  in  ten  annual  installments,  with 
interest  thereon  at  four  per  centum,  payable  annually.  Any  amount  loaned 
under  the  provisions  of  this  act  shall  be  a  lien  upon  the  total  local  tax 
funds  produced  in  the  district.  Whenever  the  local  taxes  may  not  be 
sufficient  to  pay  the  installments  and  the  interest,  the  county  board  of 
education  must  supply  the  remainder  out  of  the  operating  and  equipment 
fund,  and  shall  make  provision  for  the  same  when  the  county  budget  is 
made  and  presented  to  the  commissioners  in  May. 

All  loans!  hereafter  made  to  such  districts  shall  be  made  upon  the  written 
petition  of  a  majority  of  the  committee  of  the  district  asking  for  the  loan 
and  authorizing  the  county  board  to  deduct  a  sufficient  amount  from  the 
local  taxes  to  meet  the  indebtedness  to  the  county  hoard  of  education. 
Otherwise,  the  county  board  of  education  shall  have  no  lien  upon  the  local 
taxes  for  the  repayment  of  this  loan:  Provided,  this  lien  shall  not  lie 
against  taxes  collected  or  hereafter  levied  to  pay  interest  and  principal 
on  bonds  issued  by  the  authorities  of  the  district. 

C.  S.,  5675,  revised. 

Sec.  277.  Appropriation  from  loan  fund  for  free  plans  and  inspection 
of  school  building’s.  The  State  Board  of  Education  may  annually  set  aside 
and  use  out  of  the  funds  accruing  to  the  interest  of  said  State  loan  fund 
a  sum  not  exceeding  twelve  thousand  dollars,  to  be  used  for  pro\iding 
plans  for  modern  school  buildings  to  be  furnished  free  of  charge  to  dis¬ 
tricts,  for  providing  proper  inspection  of  school  buildings  and  the  use 
of  State  funds,  and  for  such  other  purposes  as  said  board  may  determine, 
to  secure  the  erection  of  a  better  type  of  school  building  and  the  better 
administration  of  said  State  loan  fund. 

0.  S.,  5672,  revised. 


Art.  25.  Loans  from  Special  Building  Fund 

Sec.  278.  The  special  building  fund.  That  for  the  purpose  of  providing 
“A  Special  Building  Fund,”  to  be  loaned  to  the  county  boards  of  education 
for  maintaining  a  six  months  school  term,  the  Treasurer  is  authorized 
and  directed  to  issue  bonds  of  the  State  of  North  Carolina,  payable  in 
the  manner  and  on  the  date  hereinafter  described,  to  an  amount  not  to 
exceed  five  million  dollars  ($5,000,000).  All  of  said  bonds  shall  bear  in¬ 
terest  at  a  rate  not  to  exceed  5  per  cent  per  annum,  payable  semi-annually 
on  the  first  days  of  January  and  July  of  each  year,  and  the  said  bonds 
shall  bear  date  as  of  the  first  day  of  January  of  each  and  every  year  in 
which  they  may  be  issued,  under  the  provisions  of  this  act. 


72 


Public  School  Law  of  North  Carolina 


(a)  Special  building  fund  a  separate  fund. — That  the  proceeds  from  the 
sale  of  these  bonds  shall  he  a  separate  fund  in  the  hands  of  the  State 
Treasurer  and  shall  be  kept  distinct  from  all  other  funds  of  the  State. 
The  funds  shall  be  paid  out  upon  the  warrant  of  the  State  Auditor,  but 
no  warrant  shall  be  issued  by  the  Auditor  except  upon  the  requisition  of 
the  State  Superintendent  of  Public  Instruction,  with  the  approval  and 
at  the  direction  of  the  State  Board  of  Education.  The  bank  or  banks  in 
which  any  money  belonging  to  this  fund  is  deposited  by  the  State  Treasurer 
shall  be  required  to  pay  interest  on  monthly  balances  on  said  money  at  the 
rate  of  three  per  cent  per  annum,  and  all  such  money  so  collected  shall 
be  credited  monthly  by  the  State  Treasurer  to  this  fund. 

(b)  County  board  of  education  authorized  to  make  loans. — That  the 
State  Board  of  Education,  under  such  rules  and  regulations  as  it  may 
deem  advisable,  not  inconsistent  with  the  provisions  of  this  chapter,  may 
make  loans  from  “The  Special  Building  Fund”  to  the  county  board  of 
education  of  any  county  for  building,  equipping  and  repairing  public  school 
buildings,  dormitories,  teacherages,  and  for  the  purchase  of  suitable  sites: 
Provided,  that  no  loan  shall  be  made  from  this  fund  until  the  application 
for  said  loan  has  been  made  by  the  county  board  of  education  and  approved 
by  the  county  commissioners,  nor  until  said  commissioners  shall  certify 
that  the  loan  is  necessary  to  maintain  a  six  months  school  term:  Provided 
further,  that  no  loan  shall  be  made  from  this  fund  for  erecting  or  repairing 
any  school  building  containing  less  than  five  rooms,  nor  shall  any  building 
be  erected  in  whole  or  in  part  from  funds  borrowed  from  the  State  unless 
the  plans  for  said  building  shall  have  been  approved  by  the  State  Super¬ 
intendent  of  Public  Instruction. 

Sec.  279.  How  loans  shall  be  repaid.  Loans  to  county  boards  of  educa¬ 
tion  made  under  the  provisions  of  this  act  shall  be  payable  in  twenty 
equal  installments,  shall  bear  interest  payable  annually  in  advance  at  the 
same  rate  that  the  State  had  to  pay  on  the  bonds  issued  under  this  act 
for  securing  “The  Special  Building  Fund,”  and  said  loans  shall  be  evi¬ 
denced  by  the  note  or  notes  of  the  county  board  of  education,  executed 
by  the  chairman  and  secretary  thereof,  and  deposited  with  the  State 
Treasurer.  The  first  installment  of  such  loan,  together  with  the  interest 
on  the  balance  of  the  principal  remaining  unpaid,  shall  be  paid  by  the 
county  board  of  education  on  or  before  the  fifteenth  day  of  Decembe" 
subsequent  to  the  making  of  such  loan,  and  the  remaining  installments, 
together  with  the  interest,  shall  be  paid,  one  each  year,  on  the  fifteenth 
day  of  December  of  each  subsequent  year  until  all  shall  have  been  paid: 
Provided,  if  at  the  end  of  any  five-year  period  it  shall  appear  that  the 
earnings  of  said  fund  are  more  than  sufficient  to  retire  said  bonds  the 
State  Board  may  direct  the  State  Treasurer  to  transfer  such  surplus  to  the 
State  Literary  Fund,  and  after  all  bonds  are  retired  any  balance  remaining 
shall  be  turned  over  to  the  State  Literary  Fund. 

Sec.  280.  To  be  provided  for  in  May  budget.  The  county  board  of  edu¬ 
cation  shall  provide  in  its  May  budget  for  a  special  tax,  to  be  styled  “A 
Special  Building  Fund  Tax,”  sufficient  to  repay  the  annual  installment, 
together  with  the  interest  due,  and  shall  issue  its  order  upon  the  treasurer 


Loans  From  Special  Building  Fund 


73 


of  the  county  school  fund  therefor,  who,  prior  to  the  fifteenth  day  of 
December,  shall  pay  over  to  the  State  Treasurer  the  amount  then  due. 
Any  amount  loaned  under  the  provisions  of  this  act  shall  be  a  lien  upon 
the  total  school  fund  of  such  county,  in  whatsoever  hands  such  funds  may 
be;  and  if  the  board  of  county  commissioners  fail  to  provide  for  a  suffi¬ 
cient  tax  in  building  and  incidental  fund  to  pay  the  loans  and  interest 
when  due,  so  long  as  any  part  of  said  loan  and  the  interest  are  due,  the 
board  of  county  commissioners  shall  borrow  the  money  in  order  that  the 
six  months  school  term  may  be  maintained  in  accordance  with  the  Con¬ 
stitution.  Upon  failure  of  any  county  to  pay  any  installment  or  interest, 
or  part  of  either,  when  due,  the  State  Treasurer  may  deduct  a  sufficient 
amount  for  the  payment  of  the  same  out  of  any  fund  due  such  county 
from  any  special  State  appropriation  for  public  schools,  and  if  the  amount 
necessary  to  conduct  a  six  months  school  has  been  decreased  thereby,  thus 
making  it  impossible  to  provide  the  funds  for  a  six  months  term  in  every 
district  in  said  county  in  accordance  with  law  and  the  Constitution,  the 
county  commissioners  shall  borrow  the  amount  necessary  to  meet  the 


deficit  caused  thereby. 

The  State  Treasurer  may  bring  action  against  the  county  board  of  edu¬ 
cation  of  such  county,  or  against  any  person  in  whose  possession  may  be 
any  part  of  the  school  funds  of  the  county,  or  against  the  tax  collector 
of  such  county;  and  if  the  amount  of  school  fund  then  on  hand  be  in¬ 
sufficient  to  pay  in  full  the  sum  so  due,  then  the  State  Treasurer  shall 
be  entitled  to  an  order  directing  the  tax  collector  of  such  county  to  pay 


over  to  the  State  Treasurer  all  moneys  collected  for  school  purposes  until 
such  debt  and  interest  shall  have  been  paid;  Provided,  this  lien  shall  not 
lie  against  taxes  collected  to  pay  interest  and  principal  on  bonds  issued 
by  the  authorities  of  any  county  or  any  district. 

Sec.  281.  State  Board  of  Education  shall  approve  all  applications  and 
provide  funds.  That  the  State  Board  of  Education  shall  approve  all  appli¬ 
cations  for  loans  and  the  amount  to  be  loaned  to  each  county.  When  said 
board  has  received  and  approved  applications  for  loans  in  an  amount  of 
not  less  than  five  hundred  thousand  ($500,000.00)  dollars,  the  State  Board 
of  Education  shall  direct  the  State  Treasurer  to  sell,  and  he  shall  sell,  in 
accordance  with  the  provisions  of  this  article,  North  Carolina  bonds  to  pro¬ 
vide  funds  for  making  the  loans  in  accordance  with  the  application  approved; 

Provided ,  that  whenever  applications  are  received  and  approved,  m  ac¬ 
cordance  with  the  provisions  of  this  article,  if  the  State  Board  of  Educa¬ 
tion  shall  deem  it  unwise  to  sell  bonds  at  that  time,  the  State  Treasurer, 
bv  and  with  the  consent  of  the  Governor  and  the  Council  of  State,  is  her  by 
authorized  to  borrow  money  at  the  lowest  rate  of  interest  obtainabie  in 
anticipation  of  the  sale  of  the  bonds  herein  authorized,  and  for  the  pur- 
poses  for  which  said  bonds  are  authorized.  The  State  Treasurer  shall 
execute  and  issue  notes  of  the  State  for  the  money  so  borrowed,  and  he 
is  hereby  authorized  to  renew  any  such  notes  from  time  to  tune  by  issuing 
new  notes  The  rate  of  interest,  the  date  of  payment  of  said  notes  or 
renewals,  and  all  matters  and  details  in  connection  with  the  issuance  and 
-  .poii  pe  fixed  and  determined  by  the  Governor  and  Comic 
So?  Stl  Such  notes  when  issued  shall  be  entitled  to  al,  privi.eges,  im- 


74 


Public  School  Law  of  North  Carolina 


munities  and  exemptions  that  the  bonds  authorized  to  be  issued  are  en¬ 
titled  to.  The  full  faith,  credit  and  taxing  power  of  the  State  are  hereby 
pledged  for  the  payment  of  such  notes  as  may  be  issued,  and  interest 
thereon.  The  proceeds  received  from  said  notes  shall  be  used  for  making 
loans  to  county  boards  of  education  in  accordance  with  this  article.  The 
notes  issued  in  anticipation  of  the  sale  of  bonds  shall  be  paid  with  the 
funds  derived  from  the  sale  of  said  bonds,  whenever  said  bonds  are  sold. 

Sec.  282.  Treasurer  to  sell  bonds.  That  the  bonds  authorized  and 
directed  to  be  issued  by  the  preceding  sections  shall  be  coupon  bonds 
of  the  denomination  of  five  hundred  dollars  ($500)  and  one  thousand  dol¬ 
lars  ($1,000)  each,  as  may  be  determined  by  said  State  Treasurer,  and 
shall  be  signed  by  the  Governor  of  the  State  and  State  Treasurer  and 
sealed  with  the  Great  Seal  of  the  State.  The  coupons  thereon  may  be 
signed  by  the  State  Treasurer  alone,  or  may  have  a  facsimile  of  his  signa¬ 
ture  printed,  engraved,  or  lithographed  thereon,  and  the  said  bonds  shall 
in  all  other  respects  be  in  such  form  as  the  State  Treasurer  may  direct; 
and  the  coupons  thereon  shall,  after  maturity,  be  receivable  in  payment 
of  all  taxes,  debts,  dues,  licenses,  fines  and  demands  due  the  State  of 
North  Carolina,  of  any  kind  whatsoever  which  shall  be  expressed  on  the 
face  of  said  bonds.  Before  selling  any  of  the  series  of  bonds  herein 
authorized  to  be  issued,  the  State  Treasurer  shall  advertise  the  sale  and 
invite  sealed  bids  in  such  manner  as  in  his  judgment  may  seem  to  be 
most  effectual  to  secure  the  par  of  said  bonds  at  the  lowest  rate  of  in¬ 
terest. 

He  is  authorized  to  sell  the  bonds  herein  authorized  in  such  manner 
as  in  his  judgment  will  produce  the  par  value  of  said  bonds  at  the  lowest 
rate  of  interest,  and  where  the  conditions  are  equal  he  shall  give  the 
preference  of  purchase  to  the  citizens  of  North  Carolina. 

One-twentieth  of  the  total  bonds  issued  under  date  of  January  1,  1924, 
shall  be  due  and  payable  on  the  first  day  of  January,  one  thousand  nine 
hundred  and  twenty-nine,  and  another  one-twentieth  of  the  amount  of  said 
bonds  shall  be  due  and  payable  on  January  first  of  each  year  thereafter 
until  the  whole  series  shall  be  paid,  and  any  bonds  issued  under  this  act 
on  any  subsequent  January  first  shall  be  due  and  payable  as  follows: 
One-twentieth  of  the  total  amount  of  said  bonds  shall  be  due  and  payable 
on  the  first  day  of  January  five  years  after  the  date  of  issuance  of  said 
bonds,  and  one-twentieth  on  each  subsequent  January  first  of  each  year 
thereafter  until  the  whole  series  authorized  by  this  act  shall  be  paid  in 
full. 

Sec.  283.  Exempt  from  taxation.  The  said  bonds  and  coupons  shall 
be  exempt  from  all  State,  county  or  municipal  taxation  or  assessment, 
direct  or  indirect,  general  or  special,  whether  imposed  for  the  purpose  of 
general  revenue  or  otherwise,  and  the  interest  paid  thereon  shall  not  be 
subject  to  taxation  as  for  income,  nor  shall  said  bonds  and  coupons  be 
subject  to  taxation  when  constituting  a  part  of  the  surplus  of  any  bank, 
trust  company,  or  other  corporation,  and  it  shall  be  lawful  for  all  exec¬ 
utors,  administrators,  guardians,  or  other  fiduciaries,  generally,  to  invest 
in  said  bonds. 


State  Board  for  Vocational  Education 


75 


Sec.  284.  County  board  may  make  loans  to  districts.  The  county  board 
of  education,  from  any  amount  borrowed  under  the  provisions  of  this  act, 
may  make  loans  to  special  charter,  local  tax  or  special  school  taxing 
districts,  and  the  amount  so  loaned  to  any  such  district  shall  be  payable 
in  twenty  annual  installments,  with  interest  thereon  at  the  rate  the  county 
is  required  to  pay,  payable  annually  in  advance.  Any  amount  loaned  under 
the  provisions  of  this  act  shall  be  a  lien  upon  the  total  local  tax  funds 
produced  in  the  district.  Whenever  the  local  taxes  at  any  time  may  not 
be  sufficient  to  pay  the  installments  with  the  interest,  the  county  board; 
of  education  must  supply  the  remainder  out  of  the  operating  and  equip¬ 
ment  fund,  and  shall  make  provisions  for  the  same  when  the  county 
budget  is  made  and  presented  to  the  commissioners  in  May:  Provided , 
nothing  in  this  section  shall  prevent  the  county  board  of  education  from 
assuming  the  entire  expense  of  erecting  said  building  or  buildings  in 
any  district  of  the  county. 

All  loans  made  to  such  districts,  under  the  provisions  of  this  act,  shall 
be  made  upon  the  written  petition  of  a  majority  of  the  committee,  or  board 
of  trustees,  of  the  said  district  asking  for  the  loan  and  authorizing  the 
county  board  to  deduct  a  sufficient  amount  from  the  local  taxes  or  other 
funds  belonging  to  said  district  other  than  the  teachers’  salary  fund  to 
meet  the  indebtedness  to  the  county  board  of  education.  Otherwise,  the 
county  board  of  education  shall  have  no  lien  upon  the  local  taxes  for  the 
repayment  of  this  loan:  Provided,  this  -lien  shall  not  lie  against  taxes 
collected  or  hereafter  levied  to  pay  interest  and  principal  on  bonds  issued 
by  the  authority  of  any  district. 


PART  IX 

VOCATIONAL  EDUCATION 


Art.  26.  Duties,  Powers  and  Responsibilities  of  State  Board  for 

Vocational  Education 


Sec.  285.  Acceptance  of  benefits  of  federal  vocational  education  act. 
The  State  of  North  Carolina  hereby  accepts  all  of  the  provisions  and 
benefits  of  an  act  passed  by  the  Senate  and  House  of  Representath  es 
of  the  United  States  in  congress  assembled,  entitled  “An  act  to  provide 
for  the  promotion  of  vocational  education,  to  provide  for  cooperation  with 
the  States  in  the  promotion  of  such  education  in  agriculture  and  the 
trades  and  industries;  to  provide  for  cooperation  with  the  States  m  the 
preparation  of  teachers  of  vocational  subjects,  and  to  appropriate  money 
and  regulate  its  expenditure”;  approved  February  twenty-third,  nineteen 


hundred  and  seventeen. 

C.  S.,  5502.  . 

sec.  286.  State  board  tor  vocational  education  created.  There  is  hereby 
created  a  State  board  for  vocational  education,  to  consist  of  four  members, 
as  follows-  The  State  Superintendent  of  Public  Instruction  and  three 
other  members,  to  be  appointed  by  the  Governor,  one  to  represent  agri¬ 
culture  one  to  represent  home  economics,  and  one  to  represent  trades 
and  industries.  The  terms  of  office  of  these  members  shall  be,  for  one 


76 


Public  School  Law  of  North  Carolina 


member  two  years,  for  one  member  four  years,  and  for  one  member  six 
years,  who  shall  serve  till  their  successors  are  appointed;  and  thereafter 
each  member  shall  be  appointed  for  a  term  of  four  years. 

C.  S.,  5393;  1919,  c.  119,  s.  3. 

Sec.  287.  Powers  and  duties  of  board.  The  State  board  for  vocational 
education  shall  have  all  necessary  authority  to  cooperate  with  the  federal 
board  for  vocational  education  in  the  administration  of  the  Federal 
Vocational  Educational  Act,  to  administer  any  legislation  pursuant  thereto 
enacted  by  the  State  of  North  Carolina,  and  to  administer  the  funds  pro¬ 
vided  by  the  Federal  Government  and’  the  State  of  North  Carolina  for  the 
promotion  of  vocational  education  in  agricultural  subjects,  trade  and  indus¬ 
trial  subjects  and  home  economics  subjects.  It  shall  have  full  authority  to 
formulate  plans  for  the  promotion  of  vocational  education  in  such  subjects 
as  an  essential  and  integral  part  of  the  public  school  system  of  education 
in  the  State  of  North  Carolina,  and  to  provide  for  the  preparation  of  teachers 
in  such  subjects.  It  shall  have  full  authority  to  fix  the  compensation  of 
such  officials  and  assistants  as  may  be  necessary  to  administer  the  federal 
act  and  this  article  for  the  State  of  North  Carolina,  and  to  pay  such  com¬ 
pensations  and  other  necessary  expenses  of  administration  from  funds 
appropriated.  It  shall  have  authority  to  make  studies  and  investigations 
relating  to  vocational  education  in  such  subjects;  to  publish  the  result 
of  such  investigations,  and  to  issue  other  publications  as  seem  necessary 
by  the  board;  to  promote  and  aid  in  the  establishment  by  local  commun¬ 
ities  of  schools,  departments,  or  classes  giving  instruction  in  such  subjects; 
to  cooperate  with  local  communities  in  the  maintenance  of  such  schools, 
departments,  or  classes;  to  prescribe  qualifications  for  the  teachers,  di¬ 
rectors,  and  supervisors  of  such  subjects;  to  cooperate  in  the  maintenance 
of  classes  supported  and  controlled  by  the  public  for  the  preparation  of 
teachers,  directors  and  supervisors  of  such  subjects,  or  to  maintain  such 
classes  under  its  own  direction  and  control;  to  establish  and  determine 
by  general  regulations  the  qualifications  to  be  possessed  by  persons  en¬ 
gaged  in  the  training  of  vocational  teachers. 

C.  S.,  5394;  1919,  c.  119,  s.  5. 

Sec.  288.  State  Superintendent  to  enforce  article.  The  State  Superin¬ 
tendent  of  Public  Instruction  shall  serve  as  executive  officer  of  the  State 
board  for  vocational  education,  and  shall  designate,  by  and  with  the  advice 
and  consent  of  the  board,  such  assistants  as  may  be  necessary  to  properly 
carry  out  the  provisions  of  this  article.  The  State  Superintendent  shall 
also  carry  into  effect  such  rules  and  regulations  as  the  board  may  adopt, 
and  shall  prepare  such  reports  concerning  the  condition  of  vocational 
education  in  the  State  as  the  board  may  require. 

C.  S.,  5395;  1919,  c.  119,  s.  4. 

Sec.  289.  State  appropriation  equal  to  federal  appropriation.  The  State 
of  North  Carolina  appropriates  out  of  the  State  public  school  fund  a  sum 
of  money  for  each  fiscal  year  equal  to  the  maximum  sum  which  may  be 
allotted  to  the  State  of  North  Carolina  from  the  federal  treasury,  under 
the  provisions  of  the  Smith-Hughes  Act  and  the  Industrial  Rehabilitation 
Act,  namely,  for  the  fiscal  year  ending  June  30,  1924,  $147,405.88;  for  the 
fiscal  year  ending  June  30,  1925,  $171,990.03;  and  for  the  fiscal  year  ending 


77 


County  Farm  Life  Schools 

June  30,  1926,  and  thereafter,  $196,664.18:  Provided,  that  only  such  portion 
of  above  State  appropriation  shall  be  used  as  may  be  absolutely  necessary 
to  carry  on  the  work  outlined  in  this  article  and  to  meet  the  Federal 
requirements. 

0.  S.,  5503;  1919,  cc.  102,  s.  13;  119,  s.  7;  revised. 

Sec.  290.  State  treasurer  authorized  to  receive  and  disburse  vocational 
education  fund.  The  State  Treasurer  is  hereby  designated  and  appointed 
custodian  of  all  moneys  received  by  the  State  from  the  appropriation 
made  by  said  act  of  Congress,  and  he  is  authorized  to  receive  and  to 
provide  for  the  proper  custody  of  the  same,  and  to  make  disbursement 
thereof  in  the  manner  provided  in  the  said  act  and  for  the  purpose 
therein  specified.  He  shall  also  pay  out  moneys  appropriated  by  the  State 
of  North  Carolina  for  the  purpose  of  carrying  out  the  provisions  of  this 
article  upon  the  order  of  the  State  board  for  vocational  education. 

C.  S.,  5504;  1919,  c.  119,  s.  2. 

Sec.  291.  Cooperation  of  county  authorities  with  State  Hoard;  funds. 
The  county  board  of  education,  board  of  county  commissioners,  or  the 
board  of  trustees  of  any  district  may  cooperate  with  the  State  board  for 
vocational  education  in  the  establishment  of  vocational  schools  or  classes 
giving  instruction  in  agricultural  subjects,  or  trade  or  industrial  subjects, 
or  in  ‘home  economics  subjects,  or  all  three  subjects,  and  may  use  moneys 
raised  by  public  taxation  in  the  same  manner  as  moneys  are  used  for  other 
public  school  purposes:  Provided,  that  nothing  in  this  article  shall  be 
construed  to  repeal  any  appropriations  heretofore  made  by  any  of  said 

boards  for  said  purposes. 

C.  S.,  5396;  1919,  c.  119,  s.  6;  revised. 

Sec.  292.  Report  to  Governor.  The  State  board  for  vocational  education 
shall  make  a  report  annually  to  the  Governor,  setting  forth  the  conditions 
of  vocational  education  in  the  State,  a  list  of  the  schools  to  which  federal 
and  State  aid  have  been  given,  and  a  detailed  statement  of  the  expenditures 
of  federal  funds  and  the  State  funds  provided  for  in  this  article. 

C.  S.,  5397;  1919,  c.  119,  s.  8. 

Art.  27.  County  Farm-Life  Schools 

Sec.  293.  Establishment  of  school  in  county.  There  shall  be  established 
and  maintained  in  every  county  complying  with  the  provisions  of  this 
article,  as  hereinafter  set  forth,  a  school  to  be  known  as  a  “County  Farm- 
life  School,”  for  the  training  and  preparation  of  the  boys  and  girls  of 
the  county  for  farm  life  and  home-making. 

C.  S.,  5566. 

Sec.  294.  Aim  of  school  and  course  of  study.  The  aim  of  said  school 
shall  be  to  prepare  boys  for  agricultural  pursuits  and  farm  life  and  to 
prepare  girls  for  home-making  and  housekeeping  on  the  farm.  The  course 
of  study  shall  include  practical  work  oni  the  farm  by  the  boys  and  practical 
work  in  all  subjects  relating  to  housekeeping  and  home-making  by  the 
girls.  The  course  of  study  in  said  school  shall  be  subject  to  the  approval 
of  the  State  board  for  vocational  education. 

O.  S.,  5567;  1919,  c.  257,  s.  1. 


78 


Public  School  Law  of  North  Carolina 


Sec.  295.  Board  of  trustees;  appointment;  terms;  vacancies.  The  school 
shall  be  under  the  control  and  management  of  a  board  of  trustees  of 
practical  farmers,  consisting  of  one  member  from  each  township  in  the 
county,  appointed  by  the  county  board  of  education,  who  shall  serve  until 
their  successors  shall  be  appointed.  The  first  board  of  trustees  shall  be 
divided  by  the  county  board  of  education  into  three  as  nearly  equal  groups 
as  possible;  one  group  shall  be  appointed  for  a  term  of  two  years,  one 
group  for  a  term  of  four  years,  and  one  group  for  a  term  of  six  years. 
Upon  the  expiration  of  the  term  of  office  of  any  trustee  his  successor 
shall  be  appointed  for  a  term  of  six  years.  The  county  Superintendent 
of  public  instruction  shall  be  ex  officio  a  member  of  said  board  and  secre¬ 
tary  thereof.  All  vacancies  occurring  by  death,  resignation,  or  otherwise 
in  said  board  shall  be  filled  for  the  unexpired  term  by  the  county  board  of 
education. 

C.  S.,  5568.  * 

Sec.  296.  Qualification  and  organization  of  board.  Within  ten  days  after 
any  county,  township,  or  townships  shall  have  complied  with  the  pro¬ 
visions  of  this  article,  as  hereinafter  set  forth,  for  the  maintenance  and 
equipment  of  the  school,  the  members  of  the  board  of  trustees  shall  be 
appointed,  and  the  county  superintendent  shall  duly  notify  them  to  meet 
at  the  county-seat  within  ten  days  after  their  appointment  to  qualify  and 
organize. 

C.  S.,  5569. 

Sec.  297.  Location  of  school.  After  due  advertisement,  inviting  bids 
for  the  location  of  said  school  within  the  county,  the  board  of  trustees  shall 
locate  it  at  such  place  in  said  county  as  shall  offer  the  largest  financial 
aid  for  maintenance  and  equipment,  having  due  regard  for  desirability 
and  suitability  of  location:  Provided ,  however ,  that  said  school  shall  not 
be  located  in  any  city  or  town  of  more  than  one  thousand  inhabitants,  nor 
within  two  miles  of  the  corporate  limits  of  any  city  or  town  of  more  than 
five  thousand  inhabitants. 

0.  S.,  5571. 

Sec.  298.  Buildings;  farm;  maintenance.  For  the  maintenance  of  said 
school,  the  county  or  township  or  school  district,  or  all  combined,  wherein 
it  is  located,  shall  provide  annually,  by  taxation  or  otherwise,  not  less 
than  twenty-five  hundred  dollars.  The  county  or  township  or  school  district, 
or  all  combined,  shall  provide  by  bond  issue,  or  otherwise,  the  following 
equipment  for  said  school:  a  school  building  with  recitation  rooms  and 
laboratories  and  apparatus  necessary  for  efficient  instruction  in  the  pre¬ 
scribed  subjects  of  study;  dormitory  buildings  with  suitable  accommodations 
for  not  less  than  twenty-five  boys  and  twenty-five  girls;  a  barn  and  dairy 
building  with  necessary  equipment;  a  farm  of  not  less  than  fifty  acres  of 
good  arable  land.  All  of  said  buildings  shall  be  located  on  said  farm  and 
shall  be  constructed  in  accordance  with  plans  approved  by  the  State 
Superintendent  of  Public  Instruction,  and  the  entire  equipment  shall  be 
subject  to  his  approval  and  acceptance  after  inspection:  Provided ,  however , 
that  upon  the  recommendation  of  the  board  of  trustees  and  the  presenta¬ 
tion  of  satisfactory  reasons  therefor,  the  State  Superintendent  of  Public 
Instruction  may  grant  permission  to  the  board  of  trustees  to  accept  any 


County  Farm  Life  Schools 


79 


suitable  and  properly  equipped  school  building  already  constructed,  though 
it  may  not  be  located  on  the  farm,  provided  it  be  located  within  reasonable 
and  convenient  distance  thereof. 

C.  S.,  5571,  5572;  1919,  c.  257,  s.  3;  revised. 

Sec.  299.  Election  in  county  to  establish  schools.  1.  Upon  written  re¬ 
quest  cf  the  county  board  of  education  of  any  county  the  board  of  county 
commissioners  of  said  county  may  in  their  discretion  order  an  election 
to  be  held  in  said  county,  in  accordance  with  the  law  governing  general 
elections  therein,  as  nearly  as  may  be.  A  new  registration  shall  be  ordered 
for  said  election;  and  not  less  than  thirty  days  notice  of  said  election 
shall  be  given  at  the  courthouse  door  and  three  other  public  places  in  the 
county;  and  if  there  be  newspapers  published  in  the  county,  a  notice  of 
said  election  shall  also  be  published  weekly  for  four  successive  weeks 
preceding  said  election  in  one  newspaper  therein;  and  the  registrars  and 
pollholders  shall  canvass  the  vote  cast,  declare  the  result,  and  duly  certify 
the  returns  to  the  board  of  county  commissioners,  and  the  returns  shall 
be  recorded  in  the  records  of  said  board  of  county  commissioners. 

2.  At  said  election  shall  be  submitted  to  the  qualified  voters  of  the 
county  the  question  of  levying  and  collecting  a  special  tax  on  all  taxable 
property  and  polls  of  said  county  for  the  maintenance  and  equipment  of 
a  “County  Farm-life  School”  therein.  At  such  election  those  favoring  the 
levying  and  collecting  of  such  a  tax  for  such  purpose  shall  vote  a  ballot 
on  which  shall  be  written  or  printed  the  words  “For  County  Farm-life 
School”;  and  those  opposed  shall  vote  a  ballot  on  which  shall  be  written 
or  printed  the  words  “Against  County  Farm-life  School.” 

3.  If  a  majority  of  the  qualified  voters  shall  vote  “For  County  Farm-life 
School,”  then  all  the  provisions  of  this  article  shall  be  in  full  force  and 
effect,  and  the  county  commissioners  shall  annually  levy  and  cause  to  be 
collected,  in  the  same  manner  and  at  the  same  time  as  other  taxes  of  the 
county  are  levied  and  collected,  a  tax  on  all  property  and  polls  of  the 
county  sufficient  to  provide  the  sum  required  for  the  annual  maintenance 
of  said  school,  and,  in  addition,-  the  sum  required  for  the  payment  of  the 
annual  interest  on  such  bond  issue  as  may  be  found  necessary  for  providing 
the  equipment  for  the  school  as  said  interest  accrues,  and  to  create  a 
sinking  fund  for  the  purpose  of  paying  off  and  discharging  said  bonds 
as  they  become  due.  The  bond  of  the  sheriff  or  tax  collector  of  said  county 
shall  be  responsible  for  the  tax  to  the  same  extent  as  it  is  liable  for  other 

taxes  collected  by  him. 

C.  S.,  5573. 

Sec.  300.  Issuance  of  bonds.  If  a  majority  of  the  qualified  voters  at  the 
election  shall  vote  “For  County  Farm-life  School,”  it  shall  be  deemed 
and  held  that  a  majority  of  the  qualified  voters  are  in  favor  of  granting 
to  the  board  of  county  commissioners  of  said  county  authority  to  issue 
bonds  in  an  amount  not  to  exceed  fifty  thousand  dollars  for  the  purpose 
of  providing  the  necessary  equipment;  and  such  authority  shall  be  granted 
to  and  vested  in  said  board  of  county  commissioners,  and  said  board  is 
hereby  authorized  and  empowered  to  issue  and  sell  bonds  m  the  name 
of  said  county  to  an  amount  not  to  exceed  fifty  thousand  dollars,  of  sue 
denomination  and  of  such  proportion  as  said  board  of  county  commissioners 


80 


Public  School  Law  of  North  Carolina 


may  deem  advisable,  bearing  interest  at  a  rate  not  to  exceed  six  per  cent,, 
with  interest  coupons  attached,  payable  at  such  time  or  times,  and  at  such 
place  or  places  as  they  may  deem  advisable,  such  bonds  to  be  of  such 
form  and  tenor  and  transferable  in  such  way,  and  the  principal  thereof 
payable  or  redeemable  at  such  time  or  times,  not  less  than  fifteen  years 
from  the  date  thereof,  "Und  at  such  place  or  places  as  the  board  of  county 
commissioners  may  determine. 

The  proceeds  arising  from  the  sale  of  said  bonds  shall  be  expended  by 
said  board  of  county  commissioners  in  providing,  by  purchase  or  other¬ 
wise,  the  equipment  in  land,  buildings,  and  apparatus  required  under  this 
article  for  the  “County  Farm-life  School.”  The  treasurer  of  said  county 
shall  receive  no  compensation  for  receiving  or  disbursing  the  money  which 
may  be  received  from  the  sale  of  said  bonds. 

C.  S.,  5574;  1919,  c.  257,  s.  4;  revised. 

Sec.  301.  Township  election  to  secure  location.  The  county  commis¬ 
sioners  of  any  county  that  has  voted  for  the  establishment  of  a  “County 
Farm-life  School”  therein  shall,  upon  petition  of  one-fourth  of  the  free¬ 
holders  in  any  township  applying  to  the  trustees  of  said  “County  Farm- 
life  School”  to  secure  the  location  of  said  school  therein,  order  an  election 
therein,  to  be  held  after  thirty  days  notice  at  three  public  places  in  said 
township,  under  the  law  governing  State  and  county  elections  as  nearly 
as  may  be,  and  the  returns  of  said  election  shall  be  certified  by  the  reg¬ 
istrars  and  pollholders  to  the  board  of  county  commissioners,  and  the 
same  shall  be  recorded  in  the  records  of  said  county  commissioners.  At 
the  election  shall  be  submitted  to  the  qualified  voters  of  said  township  the 
question  of  issuing  bonds  in  a  sum  not  to  exceed  fifty  thousand  dollars, 
the  amount  of  said  bond  issue  to  be  set  out  in  the  petition  for  said  election, 
and  of  levying  and  collecting  on  all  taxable  property  and  polls  in  said 
township  a  special  tax  sufficient  to  provide  for  the  payment  of  the  interest 
on  said  township  bonds  as  it  accrues,  and  to  create  a  sinking  fund  for  the 
purpose  of  paying  off  and  discharging  said  township  bonds  as  they  become 
due.  At  such  election,  those  favoring  the  levying  and  collection  of  such 
tax  for  such  purpose  shall  vote  a  ballot  on  which  shall  be  written  or 
printed  the  words  “For  County  Farm-life  School,”  and  those  opposed 
shall  vote  a  ballot  on  which  shall  be  written  or  printed  the  words  “Against 
County  Farm-life  School.” 

C.  S.,  5575;  1919,  c.  257,  s.  5. 

Sec.  302.  Township  bonds  to  secure  location.  If  a  majority  of  the  qual¬ 
ified  voters  at  said  election  shall  vote  “For  County  Farm-life  School,” 
then  it  shall  be  deemed  and  held  that  a  majority  of  the  qualified  voters 
are  in  favor  of  granting  to  the  board  of  county  commissioners  of  said 
county  authority  to  issue  bonds  in  the  name  of  said  township  in  such 
amount  as  shall  have  been  named  in  the  petition  and  notice  of  election, 
to  be  sold  by  said  commissioners  for  the  purpose  of  aiding  in  providing 
the  buildings  and  farm  and  other  equipment  for  “The  County  Farm-life 
School,”  provided  said  school  shall  be  located  in  said  township;  and  if 
said  school  shall  be  located  in  said  township,  the  board  of  county  com¬ 
missioners  shall  annually  levy  and  cause  to  be  collected,  in  the  same 
manner  and  at  the  same  time  as  other  taxes  of  the  county  are  levied  and 


County  Farm  Life  Schools 


81 


collected,  a  tax  on  all  property  and  polls  in  said  township  sufficient  to 
provide  for  the  payment  of  interest  on  said  township  bonds  as  it  accrues 
and  to  create  a  sinking  fund  for  the  purpose  of  paying  off  and  discharging 
said  township  bonds  as  they  become  due.  The  board  of  county  commission¬ 
ers  is  authorized  and  empowered  to  issue  and  sell  said  bonds  of  the  town¬ 
ship  to  the  amount  specified  in  the  petition  and  notice  of  election,  of  such 
denomination  and  of  such  proportion  as  they  may  deem  advisable,  bearing 
interest  at  a  rate  not  to  exceed  six  per  cent,  with  interest  coupons  at¬ 
tached,  payable  at  the  time  or  times,  and  at  the  same  place  or  places, 
and  of  the  same  form  and  tenor,  and  the  principal  thereof  payable  or 
redeemable  at  the  same  time  or  times  and  at  the  same  place  or  places  as  the 
county  bonds  issued  by  the  board  of  county  commissioners  for  the  equip¬ 
ment  of  said  ‘‘County  Farm-life  School.” 


The  proceeds  arising  from  the  sale  of  the  township  bonds  shall  be  added 
to  the  proceeds  arising  from  the  sale  of  the  county  bonds  and  expended 
therewith  by  the  board  of  county  commissioners  in  providing  by  purchase 
or  otherwise,  the  equipment  in  land,  buildings,  and  apparatus  required  in 
this  article  for  the  “County  Farm-life  School.” 


C.  S.,  5576. 


Sec.  303.  Election  by  contiguous  townships  to  secure  location.  Any  two 
or  more  contiguous  townships  bidding  for  the  location  of  the  “County 
Farm-life  School”  may  unite  and  hold  an  election  upon  the  same  terms 
and  conditions  as  are  provided  for  one  township  for  the  location  of  the 
“County  Farm-life  School”  at  such  point  in  said  townships  as  may  be 
determined  by  the  board  of  trustees  of  said  “County  Farm-life  School”: 
Provided,  that  the  amount  of  bonds  authorized  to  be  issued  by  one  or  more 
townships  in  order  to  secure  the  location  of  the  “County  Farm-life  School” 
in  a  given  township  shall  be  deducted  from  the  amount  of  bonds  authorized 
to  be  issued  by  the  county,  so  as  to  limit  the  total  issue  of  bonds  for  farm, 
buildings,  and  equipment  to  fifty  thousand  dollars. 

0.  S.,  5577;  1919,  c.  257,  s.  5. 


Sec.  304.  Election  in  townships  to  establish  on  failure  of  count}  election. 
1.  In  case  an  election  shall  be  ordered  and  held  in  any  county  as  herein 
provided  for  the  establishment  and  maintenance  of  a  “County  Farm-life 
School”  therein,  and  a  majority  of  the  qualified  voters  at  such  election 
shall  fail  to  vote  “For  County  Farm-life  School,”  any  township  m  said 
county  or  any  two  or  more  contiguous  townships  in  said  county,  shall, 
upon  petition  of  one-fourth  of  the  freeholders  therein  to  the  board  of 
county  commissioners  of  the  county,  have  an  election  ordered  by  the  com¬ 
missioners  upon  the  same  terms  and  conditions  prescribed  in  the  three 
preceding  sections  of  this  article:  Provided,  that  a  new  registration  shall 

be  ordered. 


2  If  in  such  election  a  majority  of  the  qualified  voters  in  said  town¬ 
ship  or  townships  shall  vote  “For  County  Farm-life  School,  then,  in  that 
event  it  shall  be  deemed  and  held  that  the  board  of  county  commissioners 
of  the  county  is  authorized  and  empowered  to  issue  and  sell  bonds  m  t  e 
name  of  said  township  or  townships  in  an  amount  not  to  exceed  fifty 


6 


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thousand  dollars,  and  to  levy  and  cause  to  be  collected,  in  the  same  manner 
and  at  the  same  time  as  other  taxes  of  the  county  are  levied  and  collected,  a 
sufficient  tax  on  all  property  and  polls  in  said  township  or  townships  to  com¬ 
ply  with  all  conditions  named  in  this  article  for  the  maintenance  and  equip¬ 
ment  of  a  “County  Farm-life  School,”  subject  to  the  same  conditions  as 
are  herein  provided  for  the  issuance  and  sale  of  county  bonds  and  the 
levying  and  collection  of  a  county  tax  for  said  purpose. 

3.  The  said  “County  Farm-life  School”  shall  thereupon  be  located  at 
such  point  in  said  township  or  townships  as  may  be  determined  by  the 
board  of  trustees  of  said  “County  Farm-life  School”  provided  for  in  this 
article.  Such  school,  when  thus  established,  shall  be  a  “County  Farm-life 
School”  for  said  county,  and  shall  be  subject  to  all  the  rights,  privileges, 
and  obligations  and  conditions  prescribed  in  this  article  for  “County  Farm- 
life  Schools,”  except  as  herein  otherwise  provided. 

C.  S.,  5578,  revised. 

Sec.  305.  Provisions  for  township  school  becoming1  county  farm-life 
school.  At  any  time  after  the  establishment  of  the  “County  Farm-life 
School”  by  the  township  or  townships  under  the  provisions  of  the  preceding 
section,  the  county  may  hold  an  election  as  provided  in  this  article  for 
the  establishment  of  a  county  farm-life  school  by  the  county;  and  if  at 
the  election  a  majority  of  the  qualified  voters  of  the  county  shall  vote 
“For  County  Farm-life  School,”  and  the  tax  and  bond  issue  provided  for 
in  this  article  for  the  maintenance  and  equipment  of  a  “County  Farm-life 
School”  shall  be  provided,  as  directed  herein,  by  the  county  commissioners 
for  the  entire  county,  such  school  established  by  the  township  or  townships 
shall  become  a  county  farm-life  school  in  all  respects  like  a  county  farm- 
life  school  established  under  this  article  and  the  bonds  ,  of  the  township  or 
townships  and  the  tax  levied  for  the  maintenance  of  the  school  and  for 
interest  and  sinking  fund  on  the  bonds  shall  be  assumed  by  the  entire 
county,  and  the  bonds  of  the  township  or  townships  shall  be  cancelled  by 
substituting  therefor  county  bonds  as  provided  for  a  county  farm-life 
school. 

C.  S.,  5579. 

Sec.  306.  Higli  school  department  in  connection  with  county  farm-life 
school.  There  shall  be  established  and  maintained  in  connection  with 
each  county  farm-life  school  such  a  high  school  course  of  study  as  may 
be  approved  by  the  State  Superintendent  of  Public  Instruction.  If  said 
county  farm-life  school  shall  be  located  in  the  same  place  with  some 
existing  public  high  school  in  said  county,  then  said  public  high  school 
shall  be  merged  into  and  become  the  high  school  department  of  said  farm- 
life  school  as  an  organic  part  thereof;  and  the  appropriations  for  the 
maintenance  thereof  shall  be  the  same  as  the  appropriations  now  required 
for  accredited  public  high  school.  The  requirements  for  teachers  in  said 
high  school  department  of  the  county  farm-life  school  shall  be  the  same 
as  are  now  required  for  high  school  teachers  under  the  public  school  law. 
Said  high  school  department  and  course  of  study,  however,  and  the  entire 
management  of  the  same  shall  be  under  the  direction  and  control  of  the 
board  of  trustees  and  the  principal  of  the  county  farm-life  school,  and 
shall  be  conducted  as  an  organic  part  of  said  school. 

0.  S.,  5580;  1919,  c.  257,  s.  6. 


County  Farm  Life  Schools 


831 

Sec.  307.  Agricultural  and  farm-life  extension  and  demonstration.  It 

shall  be  a  part  of  the  duty  of  the  faculty  of  each  “County  Farm-life  School” 
to  conduct  agricultural  instruction  work  in  said  county,  in  cooperation, 
as  far  as  possible,  with  such  work  carried  on  in  said  county  by  the  State 
Department  of  Agriculture,  the  North  Carolina  State  College  of  Agriculture 
and  Engineering,  and  the  United  States  Department  of  Agriculture;  to 
hold  township  and  district  meetings  in  various  parts  of  the  county  from 
time  to  time  for  farmers  and  farmers’  wives;  to  cooperate  with  the  county 
superintendent  of  public  instruction  and  with  the  county  commissioner  of 
agriculture,  where  such  officer  exists,  in  stimulating,  directing,  and  super¬ 
vising  practical  farm-life  work  in  the  public  high  schools  and  the  element¬ 
ary  schools  of  the  county,  and  in  providing  instruction,  through  the  county 
teachers’  association  and  through  special  short  courses  of  study  at  said 
“County  Farm-life  School,”  for  the  public  school  teachers  of  said  county. 

C.  S.,  5582. 

Sec.  308.  Short  courses  for  adults.  There  shall  be  provided  in  the 
courses  of  study  of  the  “County  Farm-life  School”  short  courses  in  farm- 
life  studies  to  which  shall  be  admitted  adult  farmers,  men  and  women, 
and  boys  and  girls  not  in  regular  attendance  upon  the  school;  and  there 
shall  be  held  at  the  school  annually  one  or  more  county  meetings  for  the 
farmers  and  their  wives  of  the  county  for  instruction  and  demonstration 
work.  All  of  the  work  herein  required  and  all  other  work  of  the  “County 
Farm-life  School”  shall  be  under  the  general  supervision  of  the  county 
superintendent  of  public  instruction,  and  the  school  shall  in  all  respects 
be  an  organic  part  of  the  county  public  school  system. 

C.  S.,  5583. 

Sec.  309.  Admission  of  students  from  other  counties.  The  board  of 
trustees  of  the  “County  Farm-life  School”  of  any  county  is  hereby  author¬ 
ized  and  empowered  to  admit  students  from  other  counties  of  the  State 
to  said  school  upon  payment  of  such  rate  of  tuition  as  said  board  of  trustees 
may  fix;  but  all  students  who  are  residents  of  the  county  in  which  said 
school  is  located  shall  be  admitted  to  said  school  without  charge  for  tuition, 
except,  as  otherwise  provided  in  this  article;  and  said  board  of  trustees 
shall  fix  all  other  charges  in  said  school  at  actual  cost. 

C.  S.,  5584. 

Sec  310.  Treasurer  of  county  farm-life  school;  compensation.  The 
treasurer  of  the  county  shall  be  the  treasurer  of  the  “County  Farm-life 
School,”  and  shall  receive  and  disburse  all  funds  therefor,  keeping  and 
rendering  annually  to  the  board  of  trustees  of  said  school  a  separate 
account  of  such  receipts  and  disbursements.  If  he  be  employed  on  salary, 
he  shall  receive  no  additional  compensation  for  his  services;  and  if  em¬ 
ployed  on  commission,  he  shall  receive  as  compensation  not  to  exceed  one 
ner  cent  on  all  disbursements  and  nothing  on  receipts.  The  official  bond 
of  said  treasurer  shall  be  responsible  and  held  liable  for  all  funds  coming 
into  his  hands  for  said  school  to  the  same  extent  as  it  is  liable  for  other 
funds  received  by  him  as  treasurer  of  said  county. 

Sec  311  Incorporation  and  powers.  The  board  of  trustees  of  said 
“County  Farm-life  School”  and  their  successors  in  office  shall  be  and  are 


84 


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hereby  constituted  a  body  corporate  by  the  name  and  style  of  “The  Board 

of  Trustees  of  the  County  Farm-life  School  of . County,”  and  by 

that  name  may  sue  and  be  sued,  contract  and  be  contracted  with,  purchase, 
hold,  and  sell  real  estate  and  personal  property,  receive  donations  by  gift 
or  otherwise  and  exercise  such  other  rights  and  privileges  as  are  con¬ 
ferred  by  law  upon  corporate  bodies  so  far  as  such  powers  are  necessary 
or  convenient  to  the  attainment  of  the  objects  of  the  school  or  to  the 
performance  of  the  duties  of  the  board.  The  title  to  all  lands  and  other 
property  of  the  “County  Farm-life  School”  shall  vest  in  said  board  of 
trustees. 

0.  S.,  5586. 

Sec.  312.  Appropriation  of  State  funds;  number  of  schools.  Upon  satis¬ 
factory  evidence  furnished  by  the  State  board  for  vocational  education  to 
the  State  Board  of  Education  that  all  the  provisions  of  this  article  for 
the  establishment,  maintenance,  and  equipment  of  a  “County  Farm-life 
School”  have  been  complied  with  in  any  county,  the  State  Superin¬ 
tendent  of  Public  Instruction  shall  issue  a  requisition  upon  the  State 
Auditor  for  a  sum  equal  to  the  amount  appropriated  by  the  county  board 
of  education  or  secured  from  local  donations  or  both,  but  not  to  exceed 
five  thousand  dollars  annually  for  the  maintenance  of  said  school,  and  the 
State  Auditor  shall  issue  his  warrant  in  favor  of  the  county  treasurer  of 
said  county  for  said  amount,  which  shall  be  paid  out  of  the  State  Treasury 
and  the  money  placed  to  the  credit  of  the  “County  Farm-life  School”  of 
said  county  and  sufficient  moneys  to  pay  said  warrants  are  hereby  appropri¬ 
ated  out  of  the  State  public  school  fund,  if  the  amount  of  that  fund  is  suffi¬ 
cient,  after  meeting  all  of  the  requirements  of  the  law,  otherwise  the  appro¬ 
priations  shall  be  made  out  of  the  State  funds  not  otherwise  appropriated: 
Provided ,  however,  that  there  shall  not  be  established  more  than  ten  such 
schools  in  any  one  year,  and  that  not  more  than  one  such  school  shall  be 
established  in  any  county. 

C.  S.,  5587;  1919,  c.  257,  s.  8;  1921,  c.  179,  s.  4.  v 

Sec.  313.  County  board  may  supplement  funds.  If  the  funds  available 
for  the  maintenance  and  support  of  any  county  farm-life  school  shall  be 
insufficient  to  provide  for  the  proper  maintenance  and  support  of  said 
school,  the  county  board  of  education  of  any  county  is  hereby  empowered 
to  add  to  its  annual  budget  for  the  maintenance  and  support  of  such  school, 
an  amount  not  greater  than  one  thousand  dollars,  provided  that  this  amount 
shall  not  be  duplicated  out  of  the  State  public  school  fund. 

0.  S.,  5588;  1919,  c.  181. 

Art.  28.  Farm-Life  Schools  Operating  Under  Special  Acts 

Sec.  314.  All  high  schools  having  departments  of  agriculture  and  home 
economics  and  organized  to  give  farm-life  instruction  under  Article  25, 
sections  5589-5601  Consolidated  Statutes,  shall,  at  the  conclusion  of  this 
school  year,  1922-1923,  be  reorganized  under  the  county  farm-life  school  law, 
Article  27  of  this  act,  or  as  all  ether  high  schools  or  union  schools  giving 
instruction  in  agriculture  and  home  economics  are  organized  under  the 
authority  of  the  State  Board  for  Vocational  Education.  This  act  shall  not 
affect  the  schools  operating  under  the  following  special  legislation: 


Vocational  Rehabilitation 


85 


Catawba  County  Farm-life  School,  Chapter  180,  Private  Laws,  1921;  Rowan 
County  Farm-life  School,  Chapter  272,  Public-Local  Laws  1919;  Iredell 
County  Farm-life  School,  Chapter  184,  Public-Local  Laws,  Extra  Session, 
1920;  Durham  County  Farm-life  School,  Chapter  229,  Public-Local  Laws, 
1913. 


Art.  29.  Vocational  Rehabilitation  of  Persons  Disabled  in 

Industry  or  Otherwise 


Sec.  315.  Acceptance  of  federal  aid.  The  State  of  North  Carolina  hereby 
accepts  all  of  the  provisions  and  benefits  of  an  act  passed  by  the  Senate 
and  House  of  Representatives  of  the  United  States  in  Congress  assembled 
to  provide  for  the  promotion  of  vocational  rehabilitation  of  persons  disabled 
in  industry  or  otherwise,  and  their  return  to  civil  employment,  approved 
June  2,  1920. 

C.  S.,  5502;  s.  14,  c.  91,  Public  Laws,  Extra  Session  1920. 


•  Sec.  316.  Tlie  State  board  for  vocational  education  shall  have  all  neces¬ 
sary  authority  to  cooperate  with  the  federal  board  for  vocational  education 
in  the  administration  of  the  act  of  Congress  providing  for  the  vocational 
rehabilitation  of  persons  injured  in  industry  and  otherwise;  to  administer 
any  legislation  pursuant  thereto  enacted  by  the  State  of  North  Carolina; 
and  to  administer  the  funds  provided  by  the  federal  government  and  the 
State  of  North  Carolina  under  the  provisions  of  section  289.  It  shall  have 
full  authority  to  formulate  plans  for  the  promotion  of  vocational  rehabili¬ 
tation;  to  fix  the  compensation  of  such  officials  and  assistants  as  may  be 
necessary  to  administer  the  federal  act  and  this  article  for  the  State  of 
North  Carolina;  and  to  pay  such  compensation  and  other  expenses  of  ad¬ 
ministration  as  are  necessary  from  funds  appropriated  under  this  act.  It 
shall  have  authority  to  make  studies  and  investigations  relating  to  voca¬ 


tional  rehabilitation;  to  publish  the  result  of  such  investigations  and  to 
issue  other  publications  as  seem  necessary  by  the  board;  to  promote  and 
aid  in  the  establishment  of  schools,  departments,  or  classes  giving  in¬ 
struction  in  vocational  subjects  for  rehabilitation  purposes;  and  to  pre¬ 
scribe  qualifications  for  the  teachers,  directors,  and  supervisors  of  such 

subjects. 


O.  S.,  5394;  s.  13,  c.  91,  Extra  Session  1920. 

Sec.  317.  State  appropriation  from  State  public  school  fund.  The  State 
of  North  Carolina  appropriates  out  of  the  State  public  school  fund  a  sum 
of  money  for  each  fiscal  year  equal  to  the  maximum  sum  which  may  be 
allotted  to  the  State  of  North  Carolina  from  the  Federal  Treasury  under 
an  act  of  Congress  to  provide  for  the  promotion  of  vocational  rehabilita¬ 
tion  of  persons  disabled  in  industry  or  otherwise,  and  their  return  to  civil 
employment:  Provided,  that  only  such  portion  of  the  above  State  appro¬ 
priation  shall  be  used  as  may  be  absolutely  necessary  to  carry  on  the 
work  outlined  in  articles  twenty-six  and  twenty-nine. 

0  S.,  5503;  s.  15,  c.  91,  Extra  Session  1920. 

Sec  318  The  State  Board  of  Health  shall:  (a)  Cooperate  with  the 
State 'Board  for  Vocational  Education  in  arranging  with  all  public  and 
private  hospitals,  clinics,  dispensaries,  health  officers,  and  practising  phjs 


86 


Public  School  Law  of  North  Carolina 


cians,  to  send  to  the  State  Board  for  Vocational  Education  prompt  and 
complete  reports  of  any  persons  under  treatment  in  such  hospitals,  clinics, 
dispensaries,  or  by  such  physicians  or  health  officers,  for  any  injury,  or 
disease  that  may  render  them  permanently,  physically,  and  vocationally 
handicapped  to  such  an  extent  that  they  are  or  will  be  unable  to  support 
themselves;  and  (b)  Cooperate  generally  with  the  State  Board  for  Voca¬ 
tional  Education  in  carrying  out  the  provisions  of  this  article. 

Sec.  319.  State  appropriation.  The  State  of  North  Carolina  appropriates 
for  each  fiscal  year  the  sum  of  fifteen  thousand  dollars,  or  as  much  thereof 
as  is  necessary,  from  the  State  Treasury  to  the  State  Board  for  Voca¬ 
tional  Education  for  the  purpose  of  assisting  worthy  persons  who  enter 
training  under  the  Federal  Vocational  Rehabilitation  Act:  Provided,  (1) 
that  this  fund  shall  be  used  only  to  pay  for  the  actual  living  expenses  of 
deserving  persons,  as  determined  by  investigation  of  the  board,  who  have 
•no  other  means  of  paying  said  living  expenses;  (2)  that  this  fund  shall 
be  paid  out  by  the  State  Treasurer  on  the  order  of  the  State  Board  for 
Vocational  Education;  (3)  that  not  to  exceed  ten  dollars  per  week  for 
not  more  than  twenty  weeks,  unless  an  extension  of  time  is  granted  by 
the  board,  be  paid  for  the  maintenance  of  any  one  person  in  training; 
(4)  that  the  said  State  Board  for  Vocational  Education  shall  keep  an 
accurate  account  of  all  expenditures,  showing  date,  the  person  to  whom 
paid,  for  what  paid,  and  the  amount  of  each  warrant,  and  shall  make  a 
report  of  same  to  the  Governor  on  or  before  the  first  of  January  each 
year;  and  (5)  that  this  act  shall  be  in  force  from  and  after  its  rati¬ 
fication. 

C.  172,  1921. 

PART  X 

TEXT  BOOKS  AND  PUBLIC  LIBRARIES 
Art.  30.  Text-Books  for  Elementary  Grades  ' 

Sec.  320.  State  Board  of  Education  adopts.  The  State  Board  of  Educa¬ 
tion  is  hereby  authorized  to  adopt  text-books  for  use  in  all  elementary 
public  schools  of  the  State  supported  wholly  or  in  part  out  of  public  funds, 
And  six  months  before  the  expiration  of  the  contracts  now  in  force  it 
shall  adopt  for  a  period  of  five  years  from  a  multiple  list  submitted  by 
the  text-book  commission,  as  hereinafter  provided,  two  basal  primers 
for  the  first  grade  and  two  basal  readers  for  each  of  the  first  three  grades, 
and  one  basal  book  or  series  of  books  on  all  other  subjects  contained  in 
the  outline  course  of  study  for  the  elementary  grades  where  a  basal  book 
or  books  are  recommended  for  use:  Provided,  the  State  Board  of  Educa¬ 
tion  may  enter  into  contract  with  a  publisher  for  a  period  less  than  five 
years,  if  any  advantage  may  accrue  to  the  schools  as  a  result  of  a  shorter 
contract  than  five  years. 

Sec.  321.  Books  adopted  for  an  indefinite  period.  At  the  expiration  of 
the  contract  now  existing  between  the  State  Board  of  Education  and  the 
publisher  for  any  particular  book  or  books,  the  State  Board  of  Education, 
upon  satisfactory  agreement  with  the  publisher,  may  continue  the  con¬ 
tract  for  any  particular  book  or  books  indefinitely;  that  is,  for  a  period 
not  less  than  one  nor  more  than  five  years. 


Text-Books  for  Elementary  Grades 


87 


The  State  Board  of  Education  may,  at  any  time  it  finds  a  book  unsatis¬ 
factory,  call  for  a  new  report  from  the  Text-book  Commission  on  that 
subject  adopted  for  an  indefinite  length  of  time.  Moreover,  the  Text-book 
Commission  at  any  time,  with  the  approval  of  the  State  Superintendent 
of  Public  Instruction,  may  recommend  to  the  State  Board  of  Education 
that  a  given  book  adopted  indefinitely  is  unsatisfactory  or  may  be  greatly 
improved  by  the  adoption  of  a  new  book  or  books. 


In  the  event  that  a  change  of  text-books  contracted  for  for  an  indefinite 
length  of  time  is  deemed  necessary  by  the  State  Board  of  Education  or 
by  the  Text-book  Commission,  the  publisher  shall  be  given  at  least  three 
months  notice  prior  to  the  first  of  May,  and  at  the  expiration  of  which 
time  the  State  Board  of  Education  is  authorized  to  adopt'  from  a  list  sub¬ 
mitted  by  the  Text-book  Commission  a  new  book  or  books  on  said  subject. 
Moreover,  the  publisher  of  any  text-book  desiring  to  end  a  contract  that 
has  been  extended  indefinitely  shall  give  the  State  Board  of  Education  at 
least  three  months  notice  prior  to  the  first  day  of  May.  In  either  event,  when 
it  becomes  necessary  to  substitute  a  new  book  for  an  old  one  on  the  adopted 
list,  the  State  Board  of  Education  shall  call  for  new  recommendations 
from  the  Text-book  Commission  on  that  book  and  proceed  as  in  the  first 
instance. 


Sec.  322.  Classification  of  text-books.  The  text-books  in  use  in  the 
public  schools  are  hereby  divided  into  two  classes:  (1)  major  subjects, 
which  include  readers,  arithmetics,  language  and  grammar,  history  and 
geography;  and  (2)  all  other  books  on  all  other  subjects  shall  be  con¬ 
sidered  as  minor  subjects. 


Sec.  323.  Basal  and  supplementary  books.  All  subjects  on  which  text¬ 
books  are  to  be  adopted  by  the  State  Board  of  Education  shall  be  the  basal 
books,  and  all  other  books  necessary  to  complete  the  course  of  study 
shall  be  supplementary  books. 


Sec.  324.  Adoption  of  supplementary  books.  County  boards  of  educa¬ 
tion  and  boards  of  trustees  are  hereby  authorized  to  select  supplementary 
books  necessary  to  complete  the  course  of  study  for  the  schools.  But  said 
supplementary  books  shall  neither  displace  nor  be  used  to  the  exclusion  of 

the  basal  books. 

Sec.  325.  Tlie  Text-book  commission.  The  Governor  and  the  Superin¬ 
tendent  of  Public  Instruction  shall  appoint  a  text-book  commission  com¬ 
posed  of  seven  members  to  be  selected  from  among  the  teachers,  super- 
visors  principals,  and  superintendents  actually  engaged  in  school  work 
in  the  State,  to  serve  for  five  years  or  until  their  successors  are  appointed 
and  ciualifled,  and  the  Governor  and  Superintendent  of  Public  Instruction 
shall  have  authority  to  fill  any  vacancy  that  may  occur  in  the  Text-book 
Commission,  or  to  remove  for  sufficient  cause  any  member  of  the  com¬ 


mission. 

Sec  326  Organization  of  commission.  Immediately  after  the  appoint¬ 
ment  of  the  Text-book  Commission  the  Superintendent  of  Public  Instruction 
shall  cause  said  Text-book  Commission  to  meet  in  his  office  and  organize  b, 
electing  a  chairman  and  secretary,  and  shall  adopt  such  rules  and  regu- 


88 


Public  School  Law  of  North  Carolina 


lations  to  govern  their  work  as  may  be  deemed  necessary,  subject  to  the 
approval  of  the  State  Superintendent  of  Public  Instruction.  The  work 
of  the  Text-book  Commission  shall  then  be  apportioned  among  the  mem¬ 
bers,  and  the  rules  and  regulations  governing  its  work  shall  be  published 
in  the  daily  papers,  and  a  copy  shall  be  sent  to  all  publishers  that  may 
submit  bids  and  samples  of  books  for  adoption. 

The  several  members  of  the  Text-book  Commission  may  work  independ¬ 
ently,  seeking  information  from  every  legitimate  source,  but  if  the  members 
of  the  Text-book  Commission  receive  information  from  representatives  of 
book  companies  they  shall  keep  a  record  of  each  such  visit  and  the  pur¬ 
pose  of  the  visit. 

Sec.  327.  Compensation  of  commission.  Each  member  of  the  Text-book 
Commission  shall  be  paid  out  of  the  State  Public  School  Fund,  on  the 
requisition  of  the  Superintendent  of  Public  Instruction,  two  hundred  dollars 
($200)  for  services,  and,  in  addition,  the  necessary  traveling  expenses 
authorized  by  the  Superintendent  of  Public  Instruction:  Provided,  that 
the  chairman  of  this  commission  shall  be  paid  two  hundred  and  twenty- 
five  dollars  ($225).  The  members  so  appointed  shall  serve  for  a  period  of 
five  years,  or  until  their  successors  are  appointed,  and  shall  be  subject 
to  the  call  of  the  State  Board  of  Education  at  any  time  during  their  term 
of  service:  Provided  further,  that  for  any  service  rendered  more  than  one 
year  after  appointment  each  member  shall  be  paid  a  per  diem  of  five 
dollars  ($5)  and  necessary  traveling  expenses. 

Sec.  328.  Duties  of  commission.  The  Text-book  Commission  shall  first 
prepare,  subject  to  the  approval  of  the  Superintendent  of  Public  Instruction, 
and  publish  at  the  expense  of  the  State,  an  outline  course  of  study  setting 
forth  what  subjects  shall  be  taught  in  each  of  the  elementary  grades.  It 
shall  give  in  outline  the  number  of  basal  and  supplementary  books  on 
each  subject  to  be  used  in  each  grade,  in  accordance  with  law.  All  sub¬ 
jects  on  which  books  are  to  be  adopted  by  the  State  Board  of  Education 
shall  be  basal  books,  and  all  others  shall  be  considered  supplementary 
books. 

After  the  outline  course  of  study  has  been  prepared  and  published  the 
Text-book  Commission  shall  then  prepare  a  multiple  list  of  basal  books  to 
be  submitted  to  the  State  Board  of  Education.  The  multiple  list  shall 
contain  not  more  than  six  books  or  series  of  books  on  all  subjects  where 
two  basal  books  or  series  of  books  are  to  be  adopted,  and  not  more  than 
four  basal  books  for  each  of  the  other  subjects  in  the  course  of  study  for 
each  grade. 

On  or  before  February  first,  one  thousand  nine  hundred  and  twenty-two, 
the  chairman  of  the  Text-book  Commission  shall  submit  to  the  Superin- 
intendent  of  Public  Instruction  a  report  setting  forth  the  multiple  list 
of  books  that  have  been  selected  in  conformity  with  the  outline  course  of 
study.  No  book  shall  be  included  in  the  mutliple  list  that  a  majority  of 
the  Text-book  Commission  deems  unsuitable,  or  that  does  not  conform  to 
the  outline  course  of  study. 

The  Text-book  Commission  shall  report  whether  any  of  the  major  sub¬ 
jects  containing  a  series  of  books  may  be  divided,  taking  one  part  from 


Text-Books  for  High  Schools 


89 


one  series  and  another  part  from  another  series  of  books  on  the  same  sub¬ 
ject,  and  the  commission’s  report  in  this  respect  shall  be  binding  on  the 
State  Board  of  Education. 

Sec.  329.  State  Board  of  Education  makes  all  contracts.  The  State 
Board  of  Education  shall  make  all  needful  rules  and  regulations  governing 
the  advertisement  for  bids,  when  and  how  prices  shall  be  submitted,  when 
and  how  sample  books  for  adoption  shall  be  submitted,  the  nature  of  the 
contract  to  be  entered  into  between  the  State  Board  of  Education  and 
the  publishers,  the  nature  and  kind  of  bond,  if  any  is  necessary,  and  all 
other  needful  rules  and  regulations  governing  the  adoption  of  books  for 
the  elementary  schools  not  otherwise  specified  in  this  act.  After  a  contract 
has  been  entered  into  between  the  State  Board  of  Education  and  the  pub¬ 
lisher,  if  the  publisher  shall  fail  to  keep  its  contract  as  to  prices,  dis¬ 
tribution  of  books,  etc.,  the  Attorney-General  shall  bring  suit  against  said 
company,  when  requested  by  the  State  Board  of  Education,  for  such  amount 
as  may  be  sufficient  to  enforce  the  contract  or  to  compensate  the  State 
because  of  the  loss  sustained  by  a  failure  to  keep  this  contract. 

Sec.  330.  Not  more  tlian  one  major  subject  to  be  changed  in  any  one 
year.  At  the  expiration  of  the  present  contracts  between  the  State  Board 
of  Education  and  the  publishers  not  more  than  one  major  and  two  minor 
subjects  shall  be  changed  in  any  one  year,  provided  satisfactory  arrange¬ 
ments  as  to  prices  and  distribution  may  be  made. 

Sec.  331.  Publishers  to  register  all  agents  or  employees.  Publishers 
submitting  books  for  adoption  shall  register  in  the  office  of  the  State  Super¬ 
intendent  of  Public  Instruction  all  agents  or  other  employees  of  any  kind 
authorized  to  represent  said  company  in  the  State,  and  this  registration 
list  shall  be  open  to  the  public  for  inspection. 

Sec.  332.  Contracts  now  in  force  not  affected.  All  contracts  heretofore 
entered  into  between  publishers  and  the  State  of  North  Carolina  shall  in 
no  wise  be  affected  by  amendments  to  chapter  145,  Public  Laws  1921. 


Art.  31.  Text-books  for  High  Schools 


Sec  333.  County  boards  of  education  adopt.  The  county  board  of  edu¬ 
cation  is  hereby  authorized  to  adopt  text-books  for  use  in  the  high  schools 
of  the  county  as  hereinafter  provided. 


Sec.  334.  State  committee  on  high  school  text-books;  duties;  reports  to 
State  Superintendent.  The  Governor  and  the  State  Superintendent  of 
Public  Instruction  shall  appoint  a  State  committee  on  high  school  text- 
books,  consisting  of  five  members,  who  shall  serve  without  pay  except 
reimbursement  out  of  the  State  Treasury  upon  the  requisition  of  the  State 
Superintendent  of  Public  Instruction  for  actual  expenses  incurred  by  at¬ 
tendance  upon  meetings  of  the  committee  that  may  be  called  by,  or  under 
the  direction  of,  the  State  Superintendent  of  Public  Instruction,  it  shall 
be  the  duty  of  the  State  committee  on  high  school  text-books  to  make  an 
examination  of  each  book  submitted  to  any  publisher,  under  the  provisions 
ni^this  article  with  a  view  to  determining  whether  or  not  the  contents, 
quality,  and  price  of  said  book  are  such  as  to  make  it  suitable  and  desna  e 


90 


Public  School  Law  of  North  Carolina 


for  use  in  public  high  schools  of  this  State;  and  the  said  State  committee  on 
high  school  text-books  shall,  every  five  years,  except  as  herein  otherwise 
provided,  submit  to  the  State  Superintendent  of  Public  Instruction,  on  or 
before  the  first  day  of  January  of  each  year  within  which  county  adoptions 
are  to  be  made,  a  report  of  its  findings  with  recommendations  as  to  the 
books  that  shall  be  placed  on  the  State  approved  list,  which  list  shall 
constitute  the  State  adopted  list  for  a  period  of  five  years,  except  as 
herein  otherwise  provided. 

C.  S.,  5726,  revised. 

Sec.  335.  State  Board  of  Education  approves  the  list;  State  Superin¬ 
tendent  approves  list.  All  books  recommended  for  use  in  the  public  high 
school  of  the  State  by  the  State  committee  on  high  school  text-books  that 
meet  with  the  approval  of  the  State  Board  of  Education  shall  then  be 
placed  upon  the  State  list  of  approved  text-books  at  the  prices  agreed 
upon  under  contract  entered  into  between  the  State  Board  of  Education 
and  the  publishers. 

C.  S.,  5727,  revised. 

Sec.  336.  County  committee  to  recommend  books.  The  county  board  of 
education  of  each  county  shall,  upon  the  recommendation  of  the  county 
committee  on  high  school  text-books,  every  five  years,  except  as  herein¬ 
after  provided,  adopt  a  county  list  which  shall  be  made  up  from  the  State 
list  of  approved  books  provided  for  in  the  preceding  section;  and  the 
said  committee  to  select  high  school  text-books  for  each  county  shall  be 
composed  of  the  county  superintendent  of  public  instruction,  the  superin¬ 
tendent  of  the  largest  city  or  union  school  system  of  the  county,  and  three 
high  school  principals  or  teachers  chosen  from  the  different  high  schools 
of  the  county,  toi  be  selected  jointly  by  the  two  above  mentioned  county  and 
city  superintendents:  Provided,  that  in  a  county  where  such  a  committee 
cannot  be  secured  according  to  the  manner  provided  above,  the  State  high 

V 

school  inspector  shall  recommend  to  the  county  board  of  education  of 
said  county  the  high  school  books  to  be  used  in  said  county,  and  the 
county  board  of  education  shall  adopt  the  list  of  books  so  recommended; 
and  the  county  adoptions  of  high  school  text-books  under  this  article  shall 
be  limited  to  the  State  list  of  approved  high  school  text-books  to  be 
selected  under  the  direction  of  the  State  Board  of  Education  and  pub¬ 
lished  as  provided  in  the  preceding  section:  Provided,  nothing  in  this 
article  shall  be  so  construed  as  to  prevent  the  county  committee  on  high 
school  text-books  from  recommending  the  use  of,  and  the  county  board  of 
education  from  adopting,  more  than  one  book  on  a  subject  for  use  in  the 
different  types  of  high  schools  that  may  require  books  of  greater  or  less 
difficulty,  nor  shall  any  high  school  be  prevented  from  using  necessary 
supplementary  books. 

C.  S.,  5724. 

Sec.  337.  Text-books  adopted  for  five  years;  exceptions.  The  county 
board  of  education  of  each  county  at  a  regular  meeting  held  between  the 
first  day  of  February  and  the  first  day  of  June  preceding  the  expiration 
of  present  contracts,  shall  act  upon  the  recommendations  of  the  county 
committee  on  high  school  text-books,  and  shall  adopt  a  list  of  high  school 
text-books  recommended  by  the  said  committee,  under  the  provisions  of 


Furnishing  Text-Books 


91 


this  article,  to  be  used  in  the  county  for  the  next  five  years;  and  when 
such  county  adoption  shall  have  been  made,  no  basal  book  or  books,  except 
those  on  the  list  adopted  for  use  in  the  public  high  schools  of  the  county  for 
the  next  five  years  period  from  the  time  of  an  adoption,  shall  be  used  by 
any  public  high  school  of  the  county:  Provided,  that  in  adopting  text¬ 
books  of  history  and  science,  the  committee  may  adopt  and  the  State  Board 
of  Education  may  make  contracts  for  a  period  of  two  years. 

C.  S.,  5730,  revised. 

Sec.  338.  State  Board  of  Education  to  make  contracts.  The  State  Board 
of  Education  shall  make  all  needful  rules  and  regulations  governing  the 
advertisement  for  bids,  when  and  how  prices  shall  be  submitted,  when  and 
how  sample  books  for  adoption  shall  be  submitted,  the  nature  of  the  con¬ 
tract  to  be  entered  into  between  the  State  Board  of  Education  and  the  pub¬ 
lishers,  the  nature  and  kind  of  bond,  if  any,  is  necessary,  and  all  other  need¬ 
ful  rules  and  regulations  governing  the  adoption  of  books  for  the  high  schools 
not  otherwise  specified  in  this  article.  After  a  contract  has  been  entered 
into  between  the  State  Board  of  Education  and  the  publisher,  if  the  pub¬ 
lisher  shall  fail  to  keep  its  contract  as  to  prices,  distribution  of  books, 
etc.,  the  Attorney-General  shall  bring  suit  against  said  company,  when  re¬ 
quested  by  the  State  Board  of  Education,  for  such  amount  as  may  be  suffi¬ 
cient  to  enforce  the  contract  or  to  compensate  the  State  because  of  the 
loss  sustained  by  a  failure  to  keep*  this  contract. 

Sec.  339.  Students  removing1  from  county  may  sell  books;  resale.  When 
a  pupil  in  any  public  high  school  of  one  county  removes  to  another 
county  and  enters  a  high  school  in  that  county  and  has  regularly  adopted 
high  school  text-books  not  used  in  the  high  schools  of  such  other  county, 
and  wishes  to  dispose  of  them  the  county  board  of  education  in  the  county 
from  which  he  removes,  if  requested  to  do  so,  shall  purchase  through 
any  of  its  depositories  or  agencies,  such  books  at  a  fair  valuation  thereof, 
depending  on  the  condition  of  the  books,  and  shall  provide  for  reselling 
them  to  other  pupils  at  a  profit  not  exceeding  fifteen  per  cent. 

C.  S.,  5732. 


Art.  32.  Furnishing  Text-books 

Sec.  340.  Free  text-books.  On  and  after  July  first,  one  thousand  nine 
hundred  and  twenty-three,  any  county  board  of  education,  the  committee 
of  any  local  tax  district,  or  the  board  of  trustees  of  any  special  charter 
district  in  the  State,  is  hereby  authorized  to  purchase  books  for  the  use 
of  pupils  in  said  county  or  district  to  be  loaned  to  said  pupils,  without 
charge  for  the  same,  under  such  needful  rules  and  regulations  governing 
the  loan  of  said  text-books  as  the  said  board  may  prescribe. 

If  instruction  is  given  in  the  manual  and  domestic  arts,  the  county  board 
of  education,  the  committee,  or  board  of  trustees  may,  in  its  discretion, 
purchase  and  lend  the  necessary  implements  and  materials  to  the  pupils. 
Zn  shall  also  in  a  similar  manner  procure  such  apparatus,  reference 
books  and  other  means  of  illustration  as  may  be  needed  in  the  school. 

(1)  ’  The  board  of  county  commissioners,  in  addition  to  levying  taxes 
for  the  salary  fund,  the  operating  and  equipment  fund,  and  the  fund  for 


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the  repayment  of  loans,  bonds  and  notes,  is  hereby  authorized  to  levy  an 
additional  tax  to  be  known  as  the  “tax  for  supplying  free  text-books,” 
which  shall  be  sufficient  to  pay  the  cost  of  purchasing  and  loaning  text¬ 
books  as  provided  in  section  one  of  this  act,  after  an  estimate  has  been 
submitted  by  the  county  board  of  education  and  approved  by  the  commis¬ 
sioners.  Any  committee  of  a  local  tax  district,  or  any  board  of  trustees 
of  a  special  charter  district  in  a  county  not  supplying  free  text-books,  is 
hereby  authorized  to  use  any  part  of  the  local  tax  funds,  not  otherwise 
appropriated  in  the  district,  to  carry  out  the  provisions  of  section  one 
authorizing  said  district  to  supply  free  text-books. 

(2).  In  the  event  that  the  county  board  of  education,  or  the  board  of 
county  commissioners,  or  both,  shall  fail  to  provide  in  the  budget  a  sum 
sufficient  to  supply  free  text-books  in  accordance  with  section  one  of  this 
act,  or  in  the  event  that  the  sum  derived  from  the  local  taxes  in  any  local 
tax  or  special  charter  district  is  insufficient  to  provide  free  text-books  in 
such  district  after  other  necessary  expenses  are  met,  the  question  of 
supplying  free  text-books  may  be  submitted  to  the  qualified  voters  in  the 
following  manner: 

Whenever  the  written  petition  of  one-fourth  of  the  qualified  voters  of  a 
county,  or  of  a  local  tax  or  special  charter  district  setting  forth  the  tax 
rate  to  be  levied  and  calling  for  an  election  to  be  held  upon  the  question  of 
levying  an  additional  special  annual  tax  with  which  to  purchase  and  supply 
free  text-books  is  presented  to  the  governing  board,  said  board  shall  present 
the  petition  to  the  tax  levying  authority  of  said  county  or  district,  which 
body  shall  order  an  election  and  conduct  the  same  as  near  as  may  be 
under  the  rules  governing  the  election  for  local  taxes:  Provided,  that  in 
the  election  the  voters  shall  cast  a  ballot  on  which  shall  be  printed  or 
written  the  words  “For  free  text-books,”  and  those  who  oppose  shall  cast 
a  ballot  on  which  shall  be  printed  or  written  the  words  “Against  free 
text-books,”  and  if  a  majority  of  the  qualified  voters  in  sai^d  county  or 
district  shall  cast  their  ballots  “For  free  text-books,”  the  tax  shall  be 
levied  and  collected  as  all  other  county  or  local  taxes  for  schools  are 
levied  and  collected.  It  shall  be  the  duty  of  the  governing  body  of  the 
school  to  purchase  books  for  the  use  of  the  pupils  in  said  county  or  dis¬ 
trict,  and  loan  the  same  to  pupils  without  charge,  in  accordance  with 
section  one  of  this  act. 

Sec.  341.  Rental  of  text-books.  The  county  board  of  education  or  the 
board  of  trustees  of  any  local-tax  district  or  special  charter  district  is 
hereby  authorized  to  rent  such  books  to  the  children  of  any  school  district 
at  a  rental  price  not  to  exceed  fifty  per  cent  of  the  publisher’s  contract 
price  with  the  State;  and  wherever  books  are  rented  that  have  not  been 
contracted  for  by  the  State,  the  rental  price  shall  not  exceed  fifty  per  cent 
of  the  publisher’s  list  prices. 

0.  S.,  5735. 

Sec.  342.  County  and  local  boards  to  make  rules;  to  use  incidental  ex¬ 
pense  fund.  The  county  board  of  education  or  the  board  of  trustees  of 
any  local-tax  district  or  special-charter  district  is  hereby  authorized  to 
make  all  needful  rules  and  regulations  governing  the  rental  of  public-school 
text-books,  and  to  apply  any  funds  of  the  operating  and  equipment  fund 


Public  Libraries 


93 


remaining  to  the  credit  of  the  county  or  the  special-charter  district  to  the 
purpose  of  this  article:  Provided ,  that  before  any  amount  is  appropriated 
from  this  fund  for  these  purposes,  provision  shall  be  made  for  all  needful 
expenses  of  said  schools. 

C.  S.,  5736. 

Sec.  343.  Books  for  indigent  children.  County  boards  of  education  or 
the  board  of  trustees  of  any  local-tax  district  may  set  aside  an  amount 
not  to  exceed  one  hundred  dollars  ($100)  from  the  incidental  expense  fund 
to  be  used  in  purchasing  public-school  text-books,  to  be  used  in  the  manner 
designated,  namely,  that  when  it  shall  appear  that  the  education  of  any 
child  is  limited  because  of  the  inability  of  said  child  to  purchase  necessary 
text-books  or  to  pay  the  rental  price,  said  board  or  boards  may  loan  free 
of  cost  all  necessary  books  to  any  such  child  during  the  term  of  the 
school,  subject  to  rules  and  regulations  by  the  county  board  of  education 
or  the  board  of  trustees  of  any  local-tax  district  or  special-charter  school, 
and  approved  by  the  State  Superintendent  of  Public  Instruction. 

C.  S.,  5737. 

Sec.  344.  State  Superintendent  to  inform  local  school  authorities.  The 
State  Superintendent  of  Public  Instruction  is  hereby  requested  to  inform 
superintendents  of  county  and  all  local-tax  schools  of  the  provis  ons  of 

this  article. 

C.  S.,  5739. 


Art.  33.  Public  Libraries 


Sec.  345.  Rules  and  regulations  governing  their  establishment.  The 
State  Board  of  Education  is  hereby  authorized  to  adopt  such  rules  and 
regulations  governing  the  establishment  of  public  libraries  receiving  State 
aid  as  will  best  serve  the  educational  interests  of  the  people.  It  shall  have 
authority  to  use  all  of  the  State  appropriation  for  rural  librai  ies,  to  en¬ 
courage  the  establishment  of  county  circulating  libraries,  or  to  cooperate 
with  the  State  Library  Commission  in  providing  circulating  libraries  for  the 

schools. 


Sec.  346.  Aid  in  establishing  local  libraries.  The  State  Board  of  Edu¬ 
cation  may  use  such  a  portion  of  the  State  appropriation  to  rural  libraries 
as  it  may  deem  necessary  to  aid  the  public  schools  in  establishing  local 

libraries  as  provided  herein. 

When  the  patrons  and  friends  of  any  union  school  in  which  a  standard 
high  school  is  or  is  to  he  maintained  shall  raise  by  private  subscription 
and  tender  to  the  treasurer  of  the  county  school  fund  for  the  establishment 
of  a  library  to  be  connected  with  the  school  the  sum  of  fifty  dollars,  the 
county  board  of  education  shall  appropriate  from  the  operating  and  equip¬ 
ment  fund  the  sum  of  fifty  dollars  for  this  purpose. 

As  soon  as  the  county  board  shall  have  made  an  appropriation  for  a 
library  in  the  manner  prescribed,  the  county  superintendent  shall  inform 
the  Secretary  of  the  State  Board  of  Education  of  the  fact,  whereupon  the 
State  Board,  «  the  funds  on  hand  are  sufficient,  shall  remit  to  the  treasurer 
of  the  county  school  fund  the  t&n  of  fifty  dollars  additional  for  the  pur- 

chase  of  books. 

0.  S.,  5618,  amended. 


94 


Public  School  Law  of  North  Carolina 


PART  XI 

COMPULSORY  ATTENDANCE  IN  SCHOOLS 

Art.  34.  General  Compulsory  Attendance  Law 

Sec.  347.  Parent  or  guardian  required  to  keep  child  in  school;  exceptions. 

Every  parent,  guardian,  or  other  person  in  the  State  having  charge  or 
control  of  a  child  between  the  ages  of  seven  and  fourteen  years  shall 
cause  such  child  to  attend  school  continuously  for  a  period  equal  to  the 
time  which  the  public  school  in  the  district  in  which  the  child  resides 
shall  be  in  session.  The  principal,  superintendent,  or  teacher  who  is  in 
charge  of  such  school  shall  have  the  right  to  excuse  the  child  from  tem¬ 
porary  attendance  on  account  of  sickness  or  distance  of  residence  from 
the  school,  or  other  unavoidable  cause  which  does  not  constitute  truancy 
as  defined  by  the  State  Board  of  Education. 

C.  S.,  5758. 

Sec.  348.  State  Board  of  Education  to  make  rules  and  regulations; 
method  of  enforcement.  It  shall  be  the  duty  of  the  State  Board  of  Educa¬ 
tion  to  formulate  such  rules  and  regulations  as  may  be  necessary  for  the 
proper  enforcement  of  the  provisions  of  this  article.  The  board  shall  pre¬ 
scribe  what  shall  constitute  truancy,  what  causes  may  constitute 
legitimate  excuses  for  temporary  non-attendance  due  to  physical  or  mental 
inability  to  attend,  and  under  what  circumstances  teachers,  principals,  or 
superintendents  may  excuse  pupils  for  non-attendance  due  to  immediate 
demands  of  the  farm  or  the  home  in  certain  seasons  of  the  year  in  the 
several  sections  of  the  State.  It  shall  be  the  duty  of  all  school  officials  to 
carry  out  such  instructions  from  the  State  Board  of  Education,  and  any 
school  official  failing  to  carry  out  such  instructions  shall  be  guilty  of  a 
misdemeanor:  Provided,  that  the  preceding  section  shall  not  be  in  force 
in  any  city  or  county  that  has  a  higher  compulsory  attendance  law  now 
in  force  than  that  provided  herein;  but  in  any  such  cage  it  shall  be  the 
duty  of  the  State  Board  of  Education  to  investigate  the  same  and  decide 
that  any  such  law  now  in  force  has  a  higher  compulsory  attendance  feature 
than  that  provided  by  this  article:  Provided,  that  wherever  any  district 
is  without  adequate  buildings  for  the  proper  enforcement  of  this  article, 
the  county  boards  of  education  may  be  allowed  not  more  than  two  years 
from  July  the  first,  one  thousand  nine  hundred  and  nineteen,  to  make 
full  and  ample  provision  in  every  district. 

C.  S.,  5759. 

Sec.  349.  Attendance  officers;  reports;  prosecutions.  The  State  Super¬ 
intendent  of  Public  Instruction  shall  prepare  such  rules  and  procedure  and 
furnish  such  blanks  for  teachers  and  other  school  officials  as  may  be 
necessary  for  reporting  each  case  of  truancy  or  lack  of  attendance  to  the 
chief  attendance  officer  referred  to  in  this  article.  Such  rules  shall  pro¬ 
vide,  among  other  things,  for  a  notification  in  writing  to  the  person  re¬ 
sponsible  for  the  nonattendance  of  any  child,  that  the  case  is  to  be  re¬ 
ported  to  the  chief  attendance  officer  of  the  county  unless  the  law  is  im¬ 
mediately  complied  with.  County  boards  of  education  and  boards  of 
trustees  of  special-charter  districts  have  the  right  to  appoint  district  at- 


Compulsory  Attendance 


95 


endance  officers  when  deemed  by  them  necessary,  to  assist  in  carrying 
out  the  provisions  of  this  article,  and  the  rules  and  instructions  which 
may  be  promulgated  by  the  State  Superintendent  of  Public  Instruction. 
But  m  e\ery  case  in  which  it  becomes  necessary  to  prosecute  for  non- 
attendance  the  case  shall  be  referred  to  the  chief  attendance  officer  of 
the  county  for  further  action:  Provided,  that  in  special  charter  districts 
having  special  attendance  officers  paid  out  of  local  funds,  said  officers 

shall  have  full  authority  to  prosecute  for  violations  of  this  article 

C.  S.,  5760. 

Note.  The  county  superintendent  of  public  welfare  is  chief  attendance  officer.  C.  S.,  5017. 

Sec.  350.  Violation  of  law;  penalty.  Any  parent,  guardian,  or  other  per¬ 
son  violating  the  provisions  of  this  article  shall  be;  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  liable  to  a  fine  of  not  less  than  five  dollars 
nor  more  than  twenty-five  dollars,  and  upon  failure  or  refusal  to  pay  such 
fine,  the  said  parent,  guardian  or  other  person  shall  be  imprisoned  not 
exceeding  thirty  days  in  the  county  jail. 

C.  S.,  5761. 

Sec.  351.  Investigation  and  prosecution  by  county  superintendent  and 
attendance  officer.  The  county  superintendent  of  public  welfare  or  chief 
school  attendance  officer  or  truant  officer  provided  for  by  law  shall  investi¬ 
gate  and  prosecute  all  violators  of  the  provisions  of  this  article. 

C.  S.,  5762. 

Sec.  352.  Investigation  as  to  indigency  of  child.  If  affidavit  shall  be 
made  by  the  parent  of  a  child  or  by  any  other  person  that  any  child  be¬ 
tween  the  ages  of  seven  and  fourteen  years  is  not  able  to  attend  school 
by  reason  of  necessity  to  work  or  labor  for  the  support  of  itself  or  the 
support  of  the  family,  then  the  attendance  officer  shall  diligently  inquire 
into  the  matter  and  bring  it  to  the  attention  of  some  court  allowed  by 
law  to  act  as  a  juvenile  court,  and,  said  court  shall  proceed  to  find  whether 
as  a  matter  of  fact  such  parents,  or  persons  stand  ng  in  locus  parentis,  are 
unable  to  send  said  child  to  school  for  the  term  of  compulsory  attendance 
for  the  reasons  given.  If  the  court  shall  find,  after  careful  investigation, 
that  the  parents  have  made  or  are  making  a  bona  fide  effort  to  comply  with 
the  compulsory  attendance  act,  and  by  reason  of  illness,  lack  of  earning 
capacity,  or  any  other  cause  which  the  court  may  deem  valid  and  sufficient, 
are  unable  to  send  said  child  to  school,  then  the  court  shall  find  and  state 
what  help  is  needed  for  the  family  to  enable  the  attendance  law  to  be 
complied  with.  The  court  shall  transmit  its  findings  to  the  county  board 
of  education  of  the  county  or,  in  special-charter  districts,  to  the  board  of 
trustees  in  which  the  case  may  arise. 

C.  S.,  5763. 

Sec.  353.  Aid  to  indigent  child.  The  county  board  of  education  shall,  in 
its  discretion,  order  aid  to  be  given  the  family  from  the  operating  and 
equipment  fund  of  the  county  school  budget  to  an  extent  not  to  exceed 
ten  dollars  per  month  for  such  child  during  the  continuance  of  the  com¬ 
pulsory  term;  and  shall  at  the  same  time  require  said  officer  to  see  that  the 
money  is  used  for  the  purpose  for  which  it  is  appropriated  and  to  report 
from  time  to  time  whether  it  shall  be  continued  or  withdrawn.  And  the 


96 


Public  School  Law  of  JSTorth  Carolina 


county  board  of  education  is  hereby  authorized  in  making  out  the  county 
budget  to  provide  a  sum  to  meet  the  provisions  of  this  article. 

C.  S.,  5764. 

Art.  35.  Compulsory  Attendance  of  Deaf  and  Blind  Children 

Sec.  354.  Deaf  and  blind  children  to  attend  school;  age  limits;  minimum 
attendance.  Every  deaf  and  blind  child  of  sound  mind  in  North  Carolina 
who  shall  be  qualified  for  admission  into  a  State  school  for  the  deaf  or  the 
blind,  shall  attend  a  school  for  the  deaf  or  blind  for  a  term  of  nine  months 
each  year  between  the  ages  of  seven  and  eighteen  years.  Parents,  guardi¬ 
ans,  or  custodians  of  every  such  blind  or  deaf  child  between  the  ages  of 
seven  and  eighteen  years  shall  send,  or  cause  to  be  sent,  such  child  to 
some  school  for  the  instruction  of  the  blind  or  deaf  as  is  herein  provided: 
Provided,  that  the  board  of  directors  of  any  school  for  the  deaf  or  blind 
may  exempt  any  such  child  from  attendance  at  any  session  or  during  any 
year,  and  may  discharge  from  their  custody  any  such  blind  or  deaf  child 
whenever  such  discharge  seems  necessary  or  proper.  Whenever  a  deaf  or 
blind  child  shall  reach  the  age  of  eighteen  and  is  still  unable  to  become 
self-supporting  because  of  its  defects,  such  a  child  shall  continue  in  said 
school  until  it  reaches  the  age  of  twenty-one  unless  it  becomes  self- 
supporting  sooner. 

0.  S.,  5765,  5769. 

Sec.  355.  Parents,  etc.,  failing  to  send  to  school  guilty  of  misdemeanor; 
provisos.  The  parents,  guardians,  or  custodians  of  any  deaf  children  be¬ 
tween  the  ages  of  seven  and  eighteen  years  failing  to  send  such  deaf 
child  or  children  to  some  school  for  instruction,  as  provided  in  this  article, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  or 
imprisoned,  at  the  discretion  of  the  court,  for  each  year  said  deaf  child 
is  kept  out  of  school,  between  the  ages  herein  provided:  Provided,  (1) 
that  parents,  guardians,  or  custodians  may  elect  two  years  between  the 
ages  of  seven  and  eighteen  years  that  a  deaf  child  or  children  may  remain 
out  of  school,  and  (2)  that  this  section  shall  not  apply  to  or  be  enforced 
against  the  parent,  guardian,  or  custodian  of  any  deaf  child  until  such 
time  as  the  superintendent  of  any  school  for  the  instruction  of  the  deaf, 
by  and  with  the  approval  of  the  executive  committee  of  such  institution, 
shall  in  his  and  their  discretion  serve  written  notice  on  such  parent, 
guardian,  or  custodian,  directing  that  such  child  be  sent  to  the  institution 
whereof  they  have  charge. 

C.  S.,  5766. 

Sec.  356.  Parents,  etc.,  failing  to  send  guilty  of  misdemeanor;  provisos. 
The  parents,  guardians,  or  custodians  of  any  blind  child  or  children  be¬ 
tween  the  ages  of  seven  and  eighteen  years  failing  to  send  such  child  or 
children  to  some  school  for  the  instruction  of  the  blind  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  shall  be  fined  or  imprisoned,  at  the 
discretion  of  the  court,  for  each  year  that  such  child  or  children  shall  be 
kept  out  of  school  between  the  ages  specified:  Provided,  (1)  that  this 
section  shall  not  be  enforced  against  the  parents,  guardians,  or  custodians 
of  any  blind  child  until  such  time  as  the  authorities  of  some  school  for  the 
instruction  of  the  blind  shall  serve  written  notice  on  such  parents,  guardi- 


State  Board  Regulate  Collegiate  Degrees 


97 


ans,  or  custodians,  directing  that  such  child  be  sent  to  the  school  whereof 
they  have  charge;  and  (2)  that  the  authorities  of  the  State  School  for 
the  Blind  and  the  Deaf  shall  not  be  compelled  to  retain  in  their  custody 
or  under  their  instruction  any  incorrigible  person  or  persons  of  con¬ 
firmed  immoral  habits. 

Sec.  357.  To  report  defective  children.  It  shall  be  the  duty  of  the  super¬ 
intendent  to  report,  through  proper  legal  channels,  the  names  and  addresses 
of  parents,  guardians,  or  custodians  of  deaf,  dumb,  blind  and  feeble-minded 
children  to  the  principal  of  the  institution  provided  for  each  and  upon 
the  failure  of  the  county  superintendent  to  make  such  reports  he  shall 
be  fined  five  dollars  for  each  child  of  the  class  mentioned  above  not  so 
reported. 

C.  S.,  5567,  5571. 

PART  XII 

STATE  BOARD  OF  EDUCATION'  TO  LICENSE  CERTAIN 

INSTITUTIONS 

Art.  36.  State  Board  of  Education  to  Regulate  Degrees 

Sec.  358.  Right  to  confer  degrees  restricted.  No  educational  institution 
hereafter  created  or  established  by  any  person,  firm  or  corporation  in  this 
State  shall  have  power  or  authority  to  confer  degrees  upon  any  person 
except  as  herein  provided. 

C.  S.,  5398. 

Sec.  359.  Empowered  to  grant  license  to  confer  degrees.  The  State 
Board  of  Education  is  authorized  to  issue  its  license  to  confer  degrees  in 
such  form  as  it  may  prescribe  to  any  educational  institution  hereafter 
established  by  any  person,  firm  or  corporation  in  this  State;  but  no  educa¬ 
tional  institution  hereafter  established  in  the  State  shall  be  empowered 
to  confer  degrees  unless  it  has  income  sufficient  to  maintain  adequate 
faculty  and  equipment  sufficient  to  provide  adequate  means  of  instruction 
in  the  arts  and  sciences;  and  unless  its  baccalaureate  degree  is  conferred 
only  upon  students  who  have  completed  a  four-year  college  course,  preceded 
by  the  usual  four-year  high  school  course,  or  their  equivalent. 

C.  S.,  5400. 

Sec.  360.  Inspection  of  institutions;  revocation  of  license.  All  institu¬ 
tions  chartered  under  this  article  shall  file  such  information  with  the 
State  Superintendent  of  Public  Instruction  as  the  State  Board  of  Education 
may  direct,  and  it  shall  have  full  authority  to  send  an  expert  to  visit  any 
institution  applying  for  a  license  to  confer  degrees  under  this  article.  And 
if  any  one  of  them  shall  fail  to  keep  up  with  the  ^required  standard  the 
State  Board  of  Education  shall  revoke  the  license  to  confer  degrees,  sub¬ 
ject  to  a  right  of  review  of  this  decision  by  the  judge  of  the  Superior  Court 
upon  action  instituted  by  the  educational  institution  whose  license  had 

been  revoked. 

C.  S.,  5401. 


* 


98  Public  School  Law  of  jSTokth  Carolina 

Art.  37.  License  Commercial  Schools 

Sec.  361.  Licenses  for  commercial  schools.  Before  any  business  college 
or  commercial  school  shall  receive  or  solicit  students,  or  open  any  business 
school  for  the  purpose  of  giving  instruction  in  this  State,  said  school  or 
college  shall  first  secure  a  license  from  the  State  Board  of  Education 
to  the  effect  that  it  has  complied  with  the  requirements  of  this  article, 
which  license  shall  be  issued  by  the  State  Board  of  Education  upon  the 
payment  of  an  annual  fee  of  ten  dollars. 

C.  S.,  5775. 

Sec.  362.  Report  to  he  filed  before  license.  Before  any  such  business 
college  or  commercial  school  shall  be  entitled  to  receive  such  license  it 
shall  file  with  the  State  Board  of  Education  a  report  setting  forth: 

1.  That  it  is  the  owner  or  lessee  of  suitable  building  or  rooms  for 
the  conduct  of  its  work. 

2.  That  it  has  acquired  suitable  equipment  for  the  courses  given  by  the 
school. 

3.  That  the  said  school  has  secured  a  faculty  of  teachers  whose  training 
has  not  been  less  than  that  required  of  teachers  engaged  in  similar  work 
in  public  schools  of  the  State. 

4.  That  said  school  or  college  has  adopted  an  approved  course  of 
study  which  includes  at  least  the  following  subjects:  bookkeeping,  com¬ 
mercial  law,  commercial  arithmetic,  English,  commercial  correspondence, 
business  writing,  shorthand  and  typewriting. 

5.  The  owner  and  manager  of  such  school  or  college  shall  further  file 
a  certificate  signed  by  the  county  superintendent  of  public  instruction  and 
the  chairman  of  the  county  board  of  education  of  the  county  in  which 
the  school  is  situated  to  the  effect  that  the  owner  or  manager  of  such 
school  or  college,  after  investigation,  has  shown  satisfactory  evidence 
of  his  or  her  efficiency  and  good  moral  character  for  fair  and  honest 
dealings  with  their  students  and  the  public. 

C.  S.,  5776. 

Sec.  363.  Advertising  literature  to  be  filed.  The  institutions  securing 
license  under  this  article  shall  file  with  the  State  Board  of  Education  copies 
of  all  advertising  literature,  including  catalogue,  pamphlets,  circulars,  etc., 
and  an  annual  report  on  or  before  the  first  day  of  July  of  each  year. 

C.  S.,  5777. 

Sec.  364.  Conducting  school  without  license  misdemeanor.  Any  person 
who  shall  open  or  conduct  any  business  college  or  commercial  school 
within  this  State  without  having  first  procured  the  license  herein  provided 
for  shall  be  guilty  of .  a  misdemeanor  and  upon  conviction  thereof  shall 
be  fined  or  imprisoned  at  the  discretion  of  the  court. 

C.  S.,  5778. 

Sec.  365.  Blanks  for  reports  and  licenses;  disposition  of  license  tax. 

The  Superintendent  of  Public  Instruction  is  authorized  to  furnish  all 
necessary  blanks  for  reports  and  licenses  provided  for  under  the  provisions 
of  this  article,  and  all  funds  received  from  the  license  tax  herein  provided 
for  shall  be  paid  to  the  State  Treasurer  and  shall  be  credited  to  the  State 
Public  School  Fund. 

C.  S.,  5779. 


Observance  of  Special  Days  in  Schools 


99 


Sec.  366.  Application  of  article.  The  provisions  of  this  article  shall 
apply  to  all  existing  chartered  business  colleges  and  commercial  schools 
and  all  other  business  colleges  and  commercial  schools  now  conducted  or 
to  be  hereafter  conducted  in  this  State. 

C.  S.,  5780. 

PAET  XIII 

OBSERVANCE  OF  SPECIAL  DAYS 

Art.  38.  Special  Days  to  be  Observed  in  Public  Schools 

Sec.  367.  North  Carolina  Day.  That  the  12th  day  of  October  in  each 
and  every  year,  to  be  called  “North  Carolina  Day,”  may  he  devoted,  by 
appropriate  exercises  in  the  public  schools  of  the  State,  to  the  consideration 
of  some  topic  or  topics  of  our  State  history,  to  be  selected  by  the  Super¬ 
intendent  of  Public  Instruction:  Provided ,  that  if  the  said  day  shall  fall 
on  Saturday  or  Sunday,  then  the  celebration  shall  occur  on  the  Monday 
next'  following:  Provided  further,  that  if  the  said  day  shall  fall  at  a  time 
when  any  such  schools  may  not  be  in  session,  the  celebration  may  be 
held  within  one  month  from  the  beginning  of  the  term,  unless  the  Superin¬ 
tendent  of  Public  Instruction  shall  designate  some  other  time. 

Sec.  368.  Temperance  or  Law  and  Order  Day.  That  there  be  one  day 
in  each  scholastic  year  of  the  public  and  high  schools  of  the  State  of 
North  Carolina,  to  be  known  as  Temperance  or  Law  and  Order  Day,  and 
that  the  fourth  Friday  in  January  in  each  year,  or  some  other  day  to  be 
set  by  the  Superintendent  of  Public  Instruction  to  suit  local  conditions, 
is  hereby  designated  as  Temperance  or  Law  and  Order  Day.  This  day  shall 
be  observed  as  such  in  each  public  and  high  school  of  the  State,  or  if 
preferred,  in  each  subdivision  thereof.  The  State  Superintendent  of  Public 
Instruction  shall  have  prepared  and  furnished  in  due  time  to  every  teacher 
of  said  public  and  high  school  for  the  State  a  suitable  program  to  be  used 
on  said  Temperance  or  Law  and  Order  Day. 

The  State  Superintendent  of  Public  Instruction  may  have  prepared  and 
furnished  to  the  teachers  in  the  public  and  high  schools  placards  printed 
in  large  type  which  shall  set  forth  in  attractive  style  statistics,  epigrams, 
mottoes,  and  up-to-date  scientific  truths  showing  the  evils  of  intemperance 
and  lawlessness. 

When  placards  are  distributed  it  shall  be  the  duty  of  every  teacher  in 
the  State,  paid  entirely  or  in  part  out  of  the  public  funds,  to  keep  posted 
in  a  conspicuous  place  in  the  schoolroom  occupied  by  said  teacher  one  of 
said  placards. 

Sec.  369.  Arbor  Day.  Friday  following  the  first  day  of  November  of 
each  year  shall  be  known  as  Arbor  Day,  to  be  appropriately  observed  by 
the  public  schools  of  the  State.  The  Superintendent  of  Public  Instruction 
shall  issue  each  year  a  program  for  its  observance  by  the  school  children 
of  the  State,  in  order  that  they  may  be  taught  to  appreciate  the  true  value 
of  trees  and  forests  to  their  State.  The  Superintendent  of  Public  Instruction 


100 


Public  School  Law  of  North  Carolina 


is  authorized  to  provide  a  suitable  program  and  plan  of  instruction  to 
county  school  officials  under  his  charge  for  the  appropriate  observance  of 
this  day. 

Sec.  370.  Other  days.  The  Superintendent  of  Public  Instruction  is 
hereby  authorized  to  provide  suitable  material  for  the  proper  observance 
in  schools  of  the  birthday  of  Washington,  Lee,  Jackson,  Armistice  Day, 
Memorial  Day,  and  such  other  days  as  may  be  deemed  of  educational  and 
patriotic  value  not  only  to  the  children  but  to  the  citizens  of  the  State. 
All  literature  necessary  for  the  proper  observance  of  the  days  specified 
in  this  article  shall  be  prepared  by  the  Superintendent  of  Public  Instruction 
and  printed  at  the  expense  of  the  State. 

Sec.  371.  Combined  programs.  The  State  Superintendent  of  Public  In¬ 
struction  may  fix  a  later  or  an  earlier  date  for  the  observance  of  any 
special  day  the  observance  of  which  is  required  for  a  specific  date  if  it 
shall  appear  to  him  to  be  more  convenient;  and  he  may  combine  the 
programs  required  to  be  issued  in  the  foregoing  sections  so  as  to  require 
the  observance  of  any  two  or  more  of  the  special  days  at  the  same  time. 

Art.  39 

Sec.  372.  Desecration  of  State  and  National  flag1.  Any  person  who  in 
any  manner,  for  exhibition  or  display,  shall  place  or  cause  to  be  placed 
any  word,  figure,  mark,  picture,  design,  drawing,  or  any  advertisement 
of  any  nature  upon  any  flag,  standard,  color,  or  ensign  of  the  United 
States  or  State  flag,  or  ensign  of  this  State,  or  shall  expose  or  cause  to  be 
exposed  to  public  view  any  such  flag,  standard,  color,  or  ensign  upon  which 
shall  have  been  printed,  painted  or  otherwise  placed,  or  to  which  shall  be  at¬ 
tached,  appended,  affixed  or  annexed,  any  word,  figure,  mark,  picture, 
design  or  drawing  or  any  advertisement  of  any  nature,  or  who  shall  expose 
to  public  view,  manufacture,  sell,  expose  for  sale,  give  away,  or  have 
in  possession  for  sale  or  to  give  away,  or  for  use  for  any  purpose,  any 
article  or  substance  of  merchandise,  or  a  receptacle  of  merchandise  or 
article  or  thing  for  carrying  or  transporting  merchandise,  upon  which 
shall  have  been  printed,  painted,  attached  or  otherwise  placed  a  repre¬ 
sentation  of  any  such  flag,  standard,  color,  or  ensign,  to  advertise,  call 
attention  to,  decorate,  mark  or  distinguish  the  article  or  substance  upon 
which  it  is  so  placed,  or  who  shall  publicly  mutilate,  deface,  defile,  or  defy, 
trample  upon  or  cast  contempt,  either  by  words  or  act,  upon  any  such 
flag,  standard,  color,  or  ensign,  shall  be  deemed  guilty  of  a  misdemeanor 
and  shall  be  punished  by  a  fine  not  exceeding  fifty  dollars  or  by  imprison¬ 
ment  for  not  more  than  thirty  days.  Any  person  violating  this  section 
shall  also  forfeit  a  penalty  of  fifty  dollars  for  each  offense,  to  be  recovered 
with  costs  in  a  civil  action  or  suit  in  any  court  having  jurisdiction.  Such 
action  or  suit  may  be  brought  by  and  in  the  name  of  any  citizen  of  this 
State,  and  such  penalty,  when  collected,  less  the  costs  and  expenses  of 
the  action  or  suit,  shall  be  paid  one-half  to  the  person  suing  and  one-half 
to  the  school  fund  of  the  county  in  which  suit  was  brought,  and  two  or 
more  penalties  may  be  sued  for  and  recovered  in  the  same  action  or  suit. 

The  words,  flag,  standard,  color,  or  ensign,  as  used  in  this  section,  shall 
include  any  flag,  standard,  color,  ensign,  or  any  picture  or  representation 


Old  Laws  Repealed 


101 


of  any  of  them,  made  of  any  substance  or  represented  on  any  substance, 
and  of  any  size,  evidently  purporting  to  be  a  flag,  standard,  color,  or  ensign 
of  the  United  States  of  America,  or  a  picture  or  a  representation  of  any  of 
them,  upon  which  shall  be  shown  the  colors,  the  stars  and  the  stripes,  in 
any  number  of  either  thereof,  or  by  which  the  person  seeing  the  same, 
without  deliberation,  may  believe  it  to  represent  the -flag,  colors,  standard, 
or  ensign  of  the  United  States  of  America. 

The  possession  by  any  person  other  than  a  public  officer,  as  such,  of  a 
flag,  standard,  color,  ensign,  article,  substance,  or  thing,  on  which  there 
is  anything  made  unlawful  by  this  section,  shall  be  presumptive  evidence 
that  the  same  is  in  violation  of  this  section. 

0.  S.,  4500. 

PART  XIY 

PROVISIONS  AS  TO  REPEAL  OF  LAWS  CONFLICTING 

WITH  THIS  ACT 


Art.  40.  Former  Public  School  Laws  Repealed 

Sec.  373.  All  of  chapter  95  of  Consolidated  Statutes,  including  such 
articles  and  sections  as  were  amended  by  the  Public  Laws  of  the  Extra 
Sessions  of  1920  and  1921  and  the  regular  session  of  1921,  except  articles 
number  2,  3,  27,  28,  31,  32,  and  45  are  hereby  repealed,  and  articles  number 
2,  3,  27,  28,  31,  32,  and  45  of  Chapter  95  Consolidated  Statutes,  are  hereby 
declared  to  be  of  full  force  and  effect;  except  section  5632  of  article  31, 
which  section  is  hereby  repealed. 

Sec.  374.  Specific  chapters  repealed.  Chapter  87,  Public  Laws  Extra 
Session  of  1920,  chapters  145,  225,  and  226  Public  Laws  of  1921,  and  chap¬ 
ters  37,  60,  and  93  Public  Laws  Extra  Session  of  1921  are  hereby  repealed. 

Sec.  375.  Specific  sections  of  certain  chapters  repealed.  Sections  4,  5, 
6,  7,  9,  10,  11,  12,  13,  14,  15,  16,  17,  18,  19,  and  20  of  chapter  91  Public  Laws 
of  Extra  Session  of  1920  and  sections  1,  2,  3,  4,  5,  6,  7,  8,  9,  10,  11,  12, 
13,  14,  and  15  of  chapter  179  Public  Laws  of  1921  are  hereby  repealed. 
Sections  1,  2,  3,  4,  5,  6,  7,  8,  9,  10  of  chapter  1461  Public  Laws  of  1921  are 

hereby  repealed. 

Sec.  376.  Article  1  of  chapter  123  Consolidated  Statutes  relating  to  in¬ 
corporation  of  rural  communities  is  hereby  repealed. 

Sec.  377.  If  any  section  of  this  act  shall  be  hereafter  declared  invalid 
bv  the  courts  of  this  State  such  decree  shall  not  be  construed  as  rendering 
this  entire  act  invalid  but  shall  affect  only  the  specific  part,  article,  or 

section  involved  in  the  decree. 

Sec  378  A11  laws  and  clauses  of  laws,  including  all  acts  passed  by  the 

General  Assembly  of  1923,  in  conflict  with  this  act,  are  hereby  ^Pe^le^ 

If  however  any  section  or  part  of  a  section  or  separate  clause  of  anj 
section  in  this  act  shall  hereafter  be  declared  unconstitutional,  the  effect 
of  such  declaration  shall  be  to  continue  in  force  the  law  as  u  now  exis 
so  far  as  it  is  attempted  hereby  to  repeal  that  law. 

Sec.  379.  This  act  shall  be  in  full  force  and  effect  from  and  after  April 

15,  1923. 


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